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


In This Issue:


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.


eBay Standard Applies to Preliminary Injunctions in Trademark Cases.


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.


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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


McDermott Will & Emery on:

Readers' Choice 2017
Reporters on Deadline

"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*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.