Marine Polymer Technologies, Inc. v. Hemcon, Inc. (Fed. Cir. 2012) (en banc) by McDonnell Boehnen Hulbert & Berghoff LLP on 4/18/2012 In a decision ripe for Supreme Court review (appropriately, this time), a fractured Federal Circuit delivered a plurality opinion in Marine Polymer Technologies, Inc. v. Hemcon, Inc. (Fed. Cir. 2012) (en banc). The case...more
Federal Circuit Clarifies Appealable Subject Matter from the ITC by Patton Boggs LLP on 3/16/2012 The Federal Circuit recently clarified the scope of review that the Court affords appeals from the International Trade Commission (ITC). In General Electric Co. v. U.S. Int’l Trade Comm'n, No. 2010-1223 (Fed. Cir. Feb. 29,...more
Scandalous trademarks, same-sex divorces, contracts and more! by Neil Guthrie on 3/15/2012 A summary of recent developments in the law you may find interesting or relevant -- or both....more
Business Litigation Report -- February 2012 by Quinn Emanuel Urquhart & Sullivan, LLP on 2/17/2012 In This Issue: Dukes Is No Hazard: Eight Months On, District Courts Have Been Largely Unmoved by Wal-Mart Stores, Inc. v. Dukes New York Clarifies that Private Securities Claims are Not Pre-empted by...more
BLG Monthly Update for February 2012 by Neil Guthrie on 2/14/2012 Flying body parts, kitty litter and some neat contracts cases: all this and more in the BLG Monthly Update for February 2012...more
TheFlyonTheWall: A Judicial Paradox? By Robert P. LoBue by Patterson Belknap Webb & Tyler LLP on 1/30/2012 Lawyers crave structure. Give them a cause of action that has several well defined elements and you can keep them occupied for days on end, arguing about each prong. If you number the elements so they can converse in code, so...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
Pennsylvania District Court Denies Motion to Dismiss and for a More Definite Statement by Katten Muchin Rosenman LLP on 12/22/2011 Plaintiff Kimberton Healthcare Consulting, Inc. d/b/a DialysisPPO (DPPO), a provider of benefits consulting services, brought an action alleging breach of contract, violation of the Pennsylvania Uniform Trade Secrets Act...more
Inducement of Patent Infringement: The Supreme Court Sets a New Standard for Proving Intent by Quinn Emanuel Urquhart & Sullivan, LLP on 11/10/2011 The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011) establishes a new standard for proving intent to induce patent infringement. 35 U.S.C. § 271(b) provides that a defendant...more
Qimonda Ruling Protects Licensees of U.S. Patents, Holding that Application of German Insolvency Law to Cancel Licenses is... by Ropes & Gray LLP on 11/9/2011 In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to...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
Classen v. Biogen Idec et al. – The Latest Installment in the Patent-Eligibility Arena by Fenwick & West LLP on 10/10/2011 On August 31, 2011, the Federal Circuit issued its long-awaited decision in Classen Immunotherapies, Inc. v. Biogen Idec et al. The case was remanded by the Supreme Court back to the Federal Circuit with instructions to...more
The State of Information Technology Law - 2011: Copyright Preemption and Copyright Standing by Brooks Kushman P.C. on 7/25/2011 X. COPYRIGHTS/PREEMPTION A. CASE LAW 1. U.S. District Courts a. Cvent Inc. v. Eventbrite Inc. 80 BNA’s PTCJ 734 The U.S. District Court for the Eastern District of Virginia ruled on September...more
July 2011: Trademark and Copyright Litigation Update by Quinn Emanuel Urquhart & Sullivan, LLP on 7/25/2011 Logos, Emblems, and Characters Find Trademark Protection Tenuous in Wake of Ninth Circuit Decision: On February 23, 2011, the Ninth Circuit affirmed the grant of summary judgment against Fleischer Studios, which claimed...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