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You’re Getting Sued for What? An E & O Odyssey (Pt 13)

As reported by the National Post, a Montreal-based artist is suing the producer and broadcaster of the television series 30 Vies – on the basis that footage of a graffiti tag on a building which is incorporated into the...more

The Supreme Court’s Push For Clarity in Patent Cases

The Supreme Court had a busy term, particularly with regard to patent cases, and especially in an effort to provide much needed guidance to the divided U.S. Court of Appeals for the Federal Circuit. The Supreme Court granted...more

Are “Concurrent Damages” A Good Idea For Copyright Law?

About a year ago, we wrote about the final chapter in the copyright saga of Joel Tenenbaum, the Boston University student who was found liable for copyright infringement by a District of Massachusetts jury, based on his...more

IP Newsflash - July 2014 #3

Federal Circuit Finds District Court Erred in Refusing to Consider Evidence Pertinent to Determination of Priority Even Though the Evidence was Not Presented to the Board of Patent Appeals and Interferences - The...more

Motion to Stay Pending CBM Review Granted Where Non-Practicing Entity Did Not Seek Preliminary Injunction

Boku, Inc. ("Boku") filed a CBM petition with the PTAB seeking review of the patentability of Plaintiff's U.S. Patent No. 7,273,168 (the "'168 patent"). The petition challenged all claims of the '168 patent on grounds that...more

Judge Rakoff Grants Permanent Injunction and Awards Attorneys’ Fees for Unreasonable Litigation Tactics and Redundant Post-Trial...

Following a six-day jury trial finding defendants’ infringement of U.S. Patent No. 7,874,487 (“Integrated illumination assembly for symbology reader”) to be willful, Judge Rakoff permitted plaintiffs to move for a permanent...more

Versata v. SAP: PTAB Decision Does Not Trump a Final Jury Verdict

As discussed in an earlier article, the final decision in the first covered business method review (CBM) in SAP America, Inc. v. Versata Data Development Group, PTAB Case CBM2012-00001, presents many issues of first...more

Garcia v. Google, Inc.

Garcia v. Google, Inc. - USCA, Ninth Circuit, July 11, 2014: Ninth Circuit amends earlier opinion in which it reversed district court’s denial of injunction requiring removal from YouTube.com of anti-Islamic video,...more

Adrea v. Barnes & Noble: Court Holds That Adrea Is Precluded From Seeking Certain Past Damages for Failure to Mark

Adrea, LLC ("Adrea") filed a patent infringement action against Barnes & Noble, Inc., barnesandnoble.com llc, and Nook Media LLC (collectively, "B&N"), which alleged that B&N's e-reader Nook infringed U.S. Patent Nos....more

The Cost of Defending Against Patent Trolls

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls —is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the...more

Curtis v. Illumination Arts, Inc.

Curtis v. Illumination Arts, Inc. - USDC, W.D. Wa., July 17, 2014 - District court grants default judgment in copyright action and awards $50,000 in statutory damages against defendant publishers per book...more

Permanent Injunction Granted After Jury Trial Where Plaintiff and Defendant Were Competitors and Plaintiff's Products that...

After a jury trial in which Power Integrations, Inc. ("Power") obtained a verdict of infringement and validity in its favor against Fairchild Semiconductor ("Fairchild"), Power moved for a permanent injunction. In analyzing...more

Kickstarting an Old Patent System for the New Software Era

Software patents have been having a rough time of it lately. It seems everyone has something bad to say about them, from the courts to the press, and even some software engineers. Originally Published in The Recorder...more

Flash in the Panama

Many of you may have heard recently that (in)famous dictator and all-around terrible (misunderstood?) person Manuel Noriega has sued Activision...more

Judge Stark overhauls patent practices in District of Delaware: 10 key changes

The same day he took the reins as Chief Judge for the District of Delaware, Judge Leonard P. Stark substantially overhauled his patent practices. Effective with all cases filed on or after July 1, 2014, Judge Stark...more

Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” For the past nine years, that statute has not often been applied as a result of the Federal...more

Case Alert -- Federal Circuit Reverses District Court Denying Stay Pending Covered Business Method Review

On July 10, 2014, the Federal Circuit issued an opinion in VirtualAgility Inc. v. Salesforce.com, Inc., in which it reversed the district court’s order denying Salesforce’s motion to stay the district court suit pending...more

That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more

Finding of Exceptional Case Denied Due to Unclean Hands

In Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc. et al, 1-08-cv-00299 (NYWD July 3, 2014, Order) (McCarthy, M.J.), the magistrate judge recommended denial of defendant's request for reconsideration of its...more

Court Excludes Defense Damage Expert's Royalty Base Where Expert Based Royalty Base Solely on "Inventive Aspects" of Patent and...

ThinkOptics, Inc. ("ThinkOptics") filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, "[t]he...more

SCOTUS Roundup: How were patent trolls affected?

While much of the attention this year has fallen on Congress and its now failed attempts to pass patent law reform, the U.S. Supreme Court may have quietly provided significant ammunition to those trying to curb abusive...more

Defendants’ Stratagems and Plaintiffs’ Counters in Trade Secret Litigation

Every invention starts out as a trade secret. Not all stay that way. Some become patents. Some get licensed. Some remain trade secrets and become spectacular commercial successes. Others get misappropriated. ...more

Federal Circuit Reverses District Court and Orders Stay Pending Covered Business Method Patent Review

On July 10, 2014, the U.S. Court of Appeals for the Federal Circuit addressed a statutory provision of the recently enacted America Invents Act (AIA) that permits a stay of a district court patent litigation pending a Covered...more

IP Newsflash - July 2014

Federal Circuit Orders Stay of District Court Proceedings Pending Post-Grant Review - In its first decision on stays pending post-grant review under the AIA, the Federal Circuit has ordered a Texas district court to...more

Federal Circuit: Eastern District of Texas Should Have Stayed Litigation Pending USPTO Covered Business Method Review Proceeding

Covered Business Method Review (CBM) proceedings for challenging patents at the USPTO are more attractive than ever now that the Federal Circuit reversed an Eastern District of Texas judge’s denial of a motion to stay pending...more

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