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.

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Written by:


McDermott Will & Emery on:

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