In This Issue:
Patents:
Sanctions May Be Awarded for Violation of Injunction, Even Absent Infringement; Split Within Federal Circuit On Preemption In Ownership Disputes; PTO’s Prima Facia Case; False Marking Claims Must Be Pled with Specificity as to Intent; Judicial Economy Is Not a Trump Factor in Deciding Transfer Motions; Claim Construction: Too Much Structure Will Spoil the Brew; “Exceptional” in §285 Really Means Exceptional; Specification Must Sufficiently Describe Claimed Invention to Show Possession of Claimed Subject Matter; You Cannot “Game” the Appellate System by Filing a “Protective” Cross-Appeal; Laser Board Game May Be Obvious Based on Laser Computer Game; and, The House Enters the Patent Reform Fray
Trademarks:
No Likelihood of Confusion or Dilution Between CITIBANK and CAPITAL CITY BANK; and, KINDER Not Confusingly Similar to TiMi KINDERJOGHURT
Copyrights:
“Situs of the Injury” for Exercising Personal Jurisdiction over Defendant for Online Copyright Infringement Is Location of Copyright Owner; and, No Standing if Plaintiff’s Exclusive Rights Were Limited in Time
Trade Secrets:
Ninth Circuit No Friend to Winklevoss Twins: Facebook Settlement Stands; and, Software Compilation Not A Trade Secret Under State Law
Please see full publication below for more information.