IP Update, Vol. 14, No. 6, June 2011

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In This Issue:

Patents:

Supreme Court Affirms Clear and Convincing Standard of Patent Invalidity Proof; Actual Knowledge an Element of § 271(B) Inducement, but Willful Blindness Will Suffice; Even Under Bayh Dole, Employee Inventor Has First Dibs; Federal Circuit Ratchets Up Materiality Requirement for Inequitable Conduct; Rambus Encore: Duty to Preserve Documents for Litigation Clarified; Analogous Art Must Address the Entire Problem Solved by the Patent; For Infringement Purposes, Preamble Can Define a Limiting Environment Rather than a Claim Limitation; Vendor’s Economic Injury Is Insufficient to Establish DJ Jurisdiction, but Implicit Claim of Contributory Infringement Is Enough; Patent Exhaustion Still Applies when Licensees Fail to Pay Royalties; Endo Finds Pain Relief from Board’s “Erroneous Reasoning”; In re Brimonidine Patent Litigation: Obviousness Determinations Revisited; Wrongful Injunction Raises Presumption of Recovery of Bond; No En Banc Rehearing for the 25 Percent Rule; Prometheus Rises Again.

Trademarks:

eBay Standard Applies to Preliminary Injunctions in Trademark Cases.

Copyrights:

Second Circuit Revives Copyright Infringement Suit Against Non Resident for Uploading Copyrighted Material Online; and Prejudgment Interest in Copyright Infringement Suit Tracks to Date of First Infringement.

Competition:

Standing Under California § 17200 Only Requires Injury From Business Practice.

Trade Secrets:

Combining Disclosed Technology Can Be a Protectable Trade Secret.

Please see full update below for more information.

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Published In: Business Organization Updates, Civil Procedure Updates, Civil Remedies Updates, Intellectual Property Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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