IP Update, Vol. 14, No. 4, April 2011


In This Issue:


Sanctions May Be Awarded for Violation of Injunction, Even Absent Infringement; Split Within Federal Circuit On Preemption In Ownership Disputes; PTO’s Prima Facia Case; False Marking Claims Must Be Pled with Specificity as to Intent; Judicial Economy Is Not a Trump Factor in Deciding Transfer Motions; Claim Construction: Too Much Structure Will Spoil the Brew; “Exceptional” in §285 Really Means Exceptional; Specification Must Sufficiently Describe Claimed Invention to Show Possession of Claimed Subject Matter; You Cannot “Game” the Appellate System by Filing a “Protective” Cross-Appeal; Laser Board Game May Be Obvious Based on Laser Computer Game; and, The House Enters the Patent Reform Fray


No Likelihood of Confusion or Dilution Between CITIBANK and CAPITAL CITY BANK; and, KINDER Not Confusingly Similar to TiMi KINDERJOGHURT


“Situs of the Injury” for Exercising Personal Jurisdiction over Defendant for Online Copyright Infringement Is Location of Copyright Owner; and, No Standing if Plaintiff’s Exclusive Rights Were Limited in Time

Trade Secrets:

Ninth Circuit No Friend to Winklevoss Twins: Facebook Settlement Stands; and, Software Compilation Not A Trade Secret Under State Law

Please see full update below for more information.

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Written by:


McDermott Will & Emery on:

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