IP Litigation Insider - December 2010


In This Issue:

Qui Tam, Quo Vadis II By: John Jackson and Sara Hollan

Judge Ward in the Eastern District of Texas recently determined that the intent to deceive element of a false marking claim need not be plead with particularity under Rule 9(b). This ruling is notable because, as explained in Qui Tam, Quo Vadis?, many commentators predicted that language in the Federal Circuit's ruling in Stauffer vs. Brooks Brothers, Inc., 619 F.3d 1321(Fed. Cir. 2010), would lead lower courts to conclude that Rule 9(b)'s heightened pleading standard applies to the intent to deceive element in a false marking claim....

U.S. Patent and Trademark Office Extends Green Technology Pilot Program By: Joanna Napp

The United States Patent and Trademark Office (PTO) recently announced that it will extend the deadline for filing petitions under its "Green Technology Pilot Program." This unique program was created to promote the development of green technologies by allowing for expedited processing of patent applications for such technologies....

Toy or Tool? - My Top 6 iPad Attorney Apps By: Carl Butzer

With the season of gift-giving nigh upon us, I suspect that a fair share of lawyers will begin the New Year trying to figure out how to fit an iPad into their legal practice. Having owned an iPad for the past month, I'd have to say -- it takes a bit of patience. Below is a starter list of basic apps that can help turn your fun new toy into a useful legal tool as well....

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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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