IP Update, Vol. 14, No. 7, July 2011



Read, Not Seagate, Controls Enhanced Damages; This (Retractable) Needle Is Going to Sting a Bit: Next Chapter; in the Adventures of Post-Phillips Claim Construction; Therasense Inequitable Conduct Guidelines Explained; Is the Claimed Stent Described in the Specification?; New Dosage of a Known Pharmaceutical: Obvious?; Going Down: Means-Plus-Function Elements on Claims to Elevator Invention Are Structural; Mutual Indemnification Clause Gives Rise to Attorneys’ Fees; Regardless of Prevailing Party; Customer Letter Characterizing Competitor’s Patent as Invalid; and Not Enough to Create Declaratory Judgment Jurisdiction

Cert Alerts

Two New Patent Cases Join Supreme Court’s Fall Docket

Trademarks; “Dashboard” Mark Merely Descriptive of Automotive Information Services; Fashion Designer Allowed to Prevent Use of His Name as Community; Trademark, Despite Having Sold All Trademark Rights; and Naked Licensing Defense Barred Where Licensee Previously Failed to Contest Trademark Validity


“Hot News” Cannot Be Enjoined Under Misappropriation Claim; Really, “You Don’t Mess with the Zohan”; Strict Proportionality Not Required Between Attorneys’ Fees and Damages; Scarlett? Rhett? Frankly My Dear, I Don’t Give a Damn; and I’m Singing the Blues—Sampled Song and Procedural Mish-Mash

Trade Secrets

Broad Injunctive Relief and Damage Award for Misappropriation of Trade Secrets Upheld

Please see full update below for more information.

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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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