What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
For the first time the U.S. International Trade Commission (U.S. ITC) issued a stay of a cease and desist order (CDO) issued at the conclusion of an investigation under § 337 of the Tariff Act. In the matter of Certain...more
Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more
In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more
In This Issue:
..News From the Bench:
- Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents.
- The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
What is the standard for deciding a motion to stay in view of a contested office proceeding?
Courts typically consider: (1) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving...more
In This Issue:
Conducting Efficient Patent Litigation Discovery -
The costs associated with discovery, and particularly electronic document discovery, in patent litigation can be effectively controlled with upfront...more
Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more
Any organization with a website should take care that it is not posting anyone else’s copyrighted content without permission. If a court finds that the unauthorized use of another’s copyrighted content was done intentionally,...more
In This Bulletin:
Final Patent Rules Provide Few Surprises; CFAA is Losing Ground as a Tool to Fight Trade Secret Misappropriation; Quick Updates: You Are Not Your IP Address; The Federal Circuit Addresses the Abstract...more
Originally published in The Enterprise - Utah’s Business Journal - July 16-22, 2012 - Volume 41, Number 48.
One of the consequences of being in a state that has an extremely well educated population combined with a...more
This past Thursday, July 26th, the US Court of Appeals for the Fourth Circuit issued an opinion addressing liability under the federal Computer Fraud and Abuse Act (CFAA) for departing employees who access and copy computer...more
The Hatch-Waxman Act
Congress designed the Hatch-Waxman Act (codified at 21 U.S.C. § 355(b), (j), (l) and 35 U.S.C. §§ 156, 271, and 282) to inspire medical innovation by giving medical-device and pharmaceutical patent...more
Your patent expired earlier this year. Then, just last week, you found a product that looked eerily similar to the device covered by your patent, and a little checking on the Wayback Machine indicates that this product has...more
In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a program to expand the Internet's domain name system by introducing new generic top-level domain names. The new gTLD application period...more
Standard setting is considered an inevitable process nowadays. It enables the interoperability of products and services from different vendors. The telecommunication sector, for example, is heavily penetrated by standards,...more
At a conference held June 18 at Stanford University Law School – The 9th Annual Stanford Ecommerce Best Practices Conference - it was reported that copyright holders are increasingly using the Digital Millennium Copyright...more
What does a patent holder do when component parts that infringe one or more of its patents are imported into the United States? Traditionally, the answer has been to send the manufacturer or importer a cease-and-desist letter...more
Congressman Devin Nunes (R-CA) has prepared draft legislation that would make significant changes to intellectual property litigation at the U.S. International Trade Commission. Such proceedings are conducted pursuant to...more
After years of preparation and a decidedly rocky start to ICANN’s New gTLD Program due to a glitch in the gTLD application system, the applications are in, and ICANN will soon begin evaluating the TLD candidates. First,...more
Since the passage of the America Invents Act (AIA) in September, questions have ensued regarding the implementation of post-grant review (PGR). Proponents of PGR believe that it will provide another avenue for challenging...more
On May 17, the Federal Circuit held in In re Baxter Int’l Inc. that patentability can be defeated in an Inter Partes reexamination despite the same patent being held valid by a court.
Fresenius USA Inc. challenged U.S....more
One of the interesting and unresolved issues in the Association for Molecular Pathology v. U.S. Patent and Trademark Office case ("Myriad") involves whether the Federal Circuit, or any U.S. court, has jurisdiction to hear the...more
Time to panic? The Internet is about to change dramatically.
Ever since Al Gore invented the Internet (or so I’ve heard), users have relied on a limited number of top-level domains, or “TLDs.” A top-level domain is the...more
On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more
In its May 8 opinion In re Youman, the U.S. Court of Appeals for the Federal Circuit bolstered the utility of reissue proceedings as a means to broaden the scope of claims of issued U.S. patents. The Federal Circuit adopted a...more
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