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ITC Section 337 Update - May 15, 2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

Congress Conducts Hearings on Section 337 Litigation at the International Trade Commission

On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more

Google AdWords Trade Mark Policy – Important Changes

Google has revised its AdWords trade mark policy which is currently in place in Australia, Hong Kong, China, Macau, Taiwan, New Zealand, South Korea and Brazil and these changes will come into effect on 23 April 2013. From...more

Privacy & Cybersecurity Update - April 2013

In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more

Intellectual Property Newsletter - March 2013

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

Court Allows Service Via Email and Facebook

The Internet is widely used by organizations and individuals to communicate and conduct business globally. Courts are recognizing that traditional methods of serving pleadings and documents may not be sufficient when it comes...more

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut. In...more

Intellectual Property Newsletter - February 2013

In This Issue: *News From The Bench: - Claim Construction: “Only One” Or “More Than One.” - No Need To Include Claim Construction in Design Patent Infringement Complaint. - CAFC Finds That Adapting...more

South Korea Opens the Door for Unintentional Data Breach Collective Actions

On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving personal data in its possession. Importantly,...more

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut. In...more

January 2013: European Litigation Update

The European Court of Justice (ECJ) on European Supplementary Protection Certificate (SPC) for Further Medical Uses: With a remarkable ruling from July 2012 (Neurim Pharmaceuticals, C-130/11), the European Court of Justice...more

How to Ensure That Your Company’s Data Doesn’t Get Lost in the Clouds: Part II

Cloud computing has become an increasingly popular option for businesses to cheaply and efficiently manage their data systems. Businesses interested in utilizing these services should be cautious, however, when entering into...more

Second Circuit Rules U.S. Court Has Personal Jurisdiction over Foreign Employee Who Allegedly Misappropriated Trade Secrets...

Last month, a federal appeals court issued a ruling permitting an employer in Connecticut to pursue a claim against a former employee who allegedly misappropriated the employer's confidential information from outside the...more

Effective Data-Use Policies Can Have “Far-Reaching” Benefits in Cracking Down on Employee Cyber Theft

In a decision that could make it easier for U.S. companies to enforce claims against employees who commit cyber theft from remote locations, including from beyond U.S. borders, the Second Circuit breathed life into a...more

News from Abroad: Availability of Documents at the EPO -- EPO Board of Appeal Decision T1839/11

Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands...more

"Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit

On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. upheld an interesting jury verdict, resulting in a $319 million judgment...more

Upcoming Patent Law Changes Will Put Pressure on Patents

Originally published in Pharmaceutical Outsourcing’s website on December 2012. Patent law is changing rapidly. The changes are putting even greater pressure on patents as a tool for protecting a pharmaceutical or...more

Top Stories of 2012: #8 to #11

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

LASC COURT RULING: In Favor of Demurring Defendant Ferguson et. al. moving defendants.

Defendant Chris Ferguson's Demurrer to all 3 of Plaintiff Cardroom's purported causes of action sustained by Los Angeles Superior Court Judge Elizabeth White: --- Ferguson had argued in his demurrer that Plaintiff’s...more

News from Abroad: Speculation Invalidates Invention?

Originally published in Forresters on December 23, 2012. Over the past few years the UK patents courts have moved closer to the approach of the European Patent Office (EPO) on inventive step. In particular, the UK...more

AstraZeneca v European Commission: Case C-457/10 P

Introduction - On 6 December 2012, the European Court of Justice (the “ECJ”) upheld the judgment of the General Court (“GC”), which found that AstraZeneca (“AZ”) abused its dominant position on the market for proton pump...more

What reach has your method claim? German Federal Court of Justice rules on scope of a patent claim covering coding and decoding...

As commonly known, the protection of a patented method does not stop at the application of that method, but encompasses the product directly obtained through that method. However, it is less clear whether only tangibles can...more

News from Abroad: UK Government Considers Broadening Bolar Exemption

When a generic pharmaceutical company seeks approval for a generic version of a reference product, it must necessarily perform certain tests on its product. If the product in question is patented, then obtaining the product...more