Intellectual Property Civil Procedure General Business

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Contract Manufacturing Is a Commercial Transaction for Purpose of “On-Sale” Bar - The Medicines Company v. Hospira, Inc.

Addressing the application of the on-sale bar under § 102(b), the U.S. Court of Appeals for the Federal Circuit found that the claims of an asserted patent were invalid based on an agreement, dated more than one year prior to...more

New EU Trade Mark Regime to address ECJ's Decision in IP Translator

The European Court of Justice’s June 2012 decision in IP TRANSLATOR changed the way trade mark specifications are interpreted. OHIM’s application of this decision led to inconsistent interpretations of trade mark...more

Supreme Court Corner – Q3 2015

In Kimble v. Marvel Entertainment, the Supreme Court upheld a long-standing precedent that restricts the ability of a patent holder to charge a royalty beyond the term of a patent. In a 6-3 decision, the Court declined to...more

B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain...more

Standard-essential Patents and the RAND Requirement: Recent Decisions on Reasonable and Nondiscriminatory Royalties

Issues related to standard-essential patents (SEPs) have generated significant attention in the wake of the first appellate decisions on royalties for SEPs – Ericsson, Inc. v. D-Link Systems. 773 F.3d 1201 (Fed. Cir. 2014)...more

Enovsys v. AT&T: Court Excludes Plaintiff's Damage Expert for Failure to Apportion and Sua Sponte Bifurcates Trial into Liability...

After the court struck plaintiff's damage expert's report for failing to tie damages to the limited feature of the patented invention, the court permitted the plaintiff to submit a supplemental expert report. Once the...more

A Royalty By Any Other Name: Post-Expiration Payments After Kimble v. Marvel

Patent holders and accused infringers will need to continue being creative in drafting license agreements after the Supreme Court’s recent decision in Kimble v. Marvel, No. 13-720, 2015 U.S. Dist. LEXIS 4067, at *6 (June 22,...more

Kimble v. Marvel Entertainment, LLC (2015)

In the 1977 Yale Law School Holiday Pageant there was a skit about the Supreme Court, with a song sung to the tune of Cole Porter's "Another Opening, Another Show" from the musical Kiss Me Kate... ...That parody...more

Shame on You Productions, Inc. v. Banks - USDC, C.D. California, August 14, 2015

Plaintiff Shame on You Productions, Inc., was assigned a screenplay titled “Darci’s Walk of Shame” by its author, Dan Rosen. Shame on You sued defendants, including actress Elizabeth Banks, for copyright infringement and...more

Defendants’ Potential Liability Is Not Limited To 2% Of Accused Products Shipped To Delaware

Plaintiff asserts jurisdiction under the stream-of-commerce theory. Defendants shipped approximately 2% of the accused products from their Indiana manufacturing facility to two customer distribution facilities in Delaware. ...more

Federal Circuit’s En Banc Suprema Ruling Confirms the ITC’s Authority to Exclude Imported Goods Used to Directly Infringe in the...

On August 10, 2015, the Federal Circuit held that under Section 337 of the Tariff Act of 1930, the International Trade Commission (ITC) could exclude from the United States imported goods that, after importation, are used in...more

Suprema, Inc. v. ITC: En Banc Federal Circuit Confirms ITC’s Jurisdiction to Exclude Articles Based on Induced Infringement

On August 10, 2015, the full US Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema, Inc. v. ITC, which overturned an earlier panel decision and confirmed, by a 6–4 vote, that the International...more

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

Baker’s Trade Secret Lawsuit Does Not Lead to ‘Sweet’ Dreams

In an opinion issued on July 23, 2015 in Sweet Street Desserts, Inc. v. Better Bakery, LLC, the United States District Court for the Eastern District of Pennsylvania underscored the need to think carefully before filing a...more

Magistrate Recommends Denying Dismissal Of State Law Claims As Moot

Counter-defendants claimed that counterclaims 1(breach of contract), 4(breach of duty of loyalty), 5(tortious interference with contractual relations) and 6 misappropriation of trade secrets) are procedurally improper. The...more

FTC Commissioner Wright and D.C. Circuit Judge Ginsburg Criticize Second Circuit’s Actavis Ruling

We have been following developments in People of the State of New York v. Actavis, the New York Attorney General’s “product hopping” suit against Actavis and its subsidiary, Forest Laboratories LLC (together, “Actavis”). Now,...more

Australian manufacturer enforces Chinese patent against Chinese infringer in China

Lucas Mill, an Australian manufacturer based in Beechworth Victoria, has won a patent case in China against a Chinese manufacturer. Lucas’ flagship product - The product being copied was a portable sawmill, Lucas’...more

Divided Federal Circuit Applies Chevron Deference and Holds That Inducement May Form the Basis for a Violation of Section 337 in...

On August 10, 2015, an en banc Federal Circuit issued its much-awaited decision in Suprema, Inc. v. Int’l Trade Comm’n (No. 2012-1170), a case that had the potential to curtail the scope of conduct that may be addressed by...more

IP Newsflash - August 2015

DISTRICT COURT CASES - Humanized Antibody Not Found to Infringe Under DOE - A district court judge granted UCB, Inc.’s (plaintiff) motion for summary judgment that its Cimzia® product, a humanized monoclonal...more

District Court Excludes Plaintiff's Infringement Expert for Conflict of Interest

Mobile Telecommunications Technologies, LLC ("Mobile") filed a patent infringement action against LG Electronics Mobilecomm U.S.A. ("LG"). As trial approached, LG filed a motion to disqualify Mobile's infringement expert, Dr....more

Rejection of Oracle's claims for copyright infringement against one of its users and condemnation of the practice of aggressive...

Dealing with a matter involving the Enterprise Resource Planning (ERP) Oracle E-Business Suite, the Paris First Instance Court took the opportunity to clarify the differences between copyright infringement and contractual...more

Ninth Circuit is the First Appeals Court to Rule on RAND/SEP Licensing

In a decision written by Judge Marsha S. Berzon, a three-judge panel of the U.S. Court of Appels for the Ninth Circuit affirmed a first-of-its-kind district court judgment relating to royalty rates for standard-essential...more

What is a RAND Licensing Rate? The Ninth Circuit Weighs in.

July has just ended, and SEP and FRAND issues are in the air. On July 8, the Japan Fair Trade Commission (JFTC) sought public comments on its proposed amendments to its Guidelines for the Use of Intellectual Property under...more

736 Results
|
View per page
Page: of 30

Follow Intellectual Property Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×