Intellectual Property

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News & Analysis as of May 21, 2013

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Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

Permanent Injunctions and The Erie Problem

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/26/2012

God help us all! I am discussing the Erie v. Tompkins case from 1938. This was like the fourth most annoying case from law school, and I thought I left it once and for all in Champaign, Illinois in 1997....more

King & Spalding's Intellectual Property Newsletter - October 2012

by King & Spalding on 10/8/2012

In This Issue: - News From the Bench - .. The en banc Court Speaks On Divided Infringement, But Not With One Voice. .. Can Recent Conflicting Decision On The Patent Eligibility of Business Methods Be...more

Two Recent Decisions From Courts of Appeals Address Important Intellectual Property Issues in Bankruptcy

by Davis Wright Tremaine LLP on 7/12/2012

In the last two weeks, the 6th Circuit and 7th Circuit Court of Appeals each issued decisions on important intellectual property issues in bankruptcy. In the first decision, the 6th Circuit held that bankruptcy's...more

District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim

by Loeb & Loeb LLP on 1/20/2012

The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more

Useful in the United States, But Not in Canada: Divergent Applications of the Statutory Utility Requirements

by Finnegan on 11/3/2011

Recent decisions by appellate courts in Canada and the United States highlight the sharp conflict in judicial application of the statutory "utility" requirements under the patent laws of those countries. The decisions...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - June 29, 2011

by Loeb & Loeb LLP on 6/29/2011

Table of Contents: •Cabell v. Sony Pictures Entertainment •Glen E. Friedman v. Thierry Guetta Cabell v. Sony Pictures Entertainment, USCA Second Circuit, June 24, 2011 •Circuit court affirms summary judgment in...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 16, 2011

by Loeb & Loeb LLP on 2/17/2011

Table of Contents • Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD • Zamoyski v. Fifty-Six Hope Road Music Limited, Inc. Experience Hendrix, L.L.C. v. Hendrixlicensing.com, LTD, USDC W.D. Washington,...more

Litigation Alert - Federal Copyright Law Preempts State Law Breach of Confidence and Implied Contract Claims for Unauthorized Use...

by Fenwick & West LLP on 6/11/2010

On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits...more

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