Infringement

Marks and Spencer's use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High...

by Jamiee Bickel, Paul Kavanaugh, Kate Norman, Nathan Smith | Dechert LLP on 5/25/2013

The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer's bidding on various INTERFLORA trade marks...more

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/24/2013

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

Distinguishing the Fictional From the Real: Names and Brands in Television and Movies

by Steve Baird | Winthrop & Weinstine, P.A. on 5/24/2013

We have an interesting question to answer, leading us into the holiday weekend, during which I suspect a few movies will be watched by more than a few marketing types and trademark types...more

U.S. Supreme Court to Review Burden of Proof to Apply in Patent Licensee Challenges

by Ropes & Gray LLP on 5/24/2013

In 2007, the United States Supreme Court ruled that patent licensees could challenge their obligation to pay patent license royalties under a license agreement without first breaching the license agreement by halting royalty...more

In Uship Federal Circuit Finds Prosecution History Disclaimer in Arguments Against Restriction Requirement

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/23/2013

In Uship Intellectual Properties, LLC v. United States, the Federal Circuit upheld the claim construction applied by the Court of Federal Claims when it held that the United States and IBM Corporation did not infringe the...more

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/22/2013

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

Copyright Law Reform Engages Both Courts and Congress

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 5/22/2013

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes [Video]

by LXBN on 5/22/2013

Although we’re moving quickly from humorous to played out, you’ll still a number of brands use memes in their marketing and communications. That raises the question though, who owns those memes and can companies get in...more

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

by Martin P.J. Kratz Q.C. | Bennett Jones LLP on 5/22/2013

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

by Judy Selby | BakerHostetler on 5/21/2013

When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion....more

Focused on Franchise Law - May 2013

by Barry Kurtz on 5/21/2013

FRANCHISOR 101: STATES UPPING THE ANTE FOR FRANCHISORS - A LEGISLATIVE UPDATE - Laws focusing on the franchisees' rights are referred to as relationship laws, and in recent months, franchisee groups fighting for new...more

The Issues of Trademark Infringement and Dilution Go “Wild”

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/20/2013

Those of us in a certain age bracket will remember Mutual of Omaha’s “Wild Kingdom” television program that first began in 1963. The Emmy Award-winning show’s first run ended in 1986, and the show went into production again...more

ITC Section 337 Update - May 15, 2013

by King & Spalding on 5/20/2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Court Report -- May 19, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 5/20/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware - •...more

Lady Gaga: She’s No (Copyright) Monster

by Anthony Rufo | Foley Hoag LLP - Corporate Social... on 5/20/2013

The federal district court in New Jersey has dismissed Stefani Germanotta, a.k.a. Lady Gaga, from a copyright lawsuit filed by composer and record producer Calvin Gaines. Mr. Gaines alleged in his complaint that his writing...more

Court Report Supplement -- May 16, 2013

by Ann Palma | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column. Tawnsaura Group, LLC v. Direct Digital, LLCL: 8:13-cv-00004; filed...more

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

by Monte Cooper, Robert Isackson, William Benjamin Tabler | Orrick, Herrington & Sutcliffe LLP on 5/16/2013

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2013

On May 10, the Federal Circuit handed down a much anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101. In a per curiam opinion that is perhaps the most...more

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

by K. Scott O'Brian | McNees Wallace & Nurick LLC on 5/16/2013

On May 13, 2013, the U.S. Supreme Court unanimously ruled that patent exhaustion does not bar an infringement claim in a case involving a farmer who reproduced patented seeds by planting and harvesting second generation seeds...more

Supreme Court Finds for Monsanto in Seed Harvesting Case

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/16/2013

In Bowman v. Monsanto Co., the Supreme Court held that the doctrine of patent exhaustion does not give a farmer who has bought patented seeds the right to “reproduce” them through planting and harvesting without the patent...more

Don’t Blame the Bean: The Monsanto Patent Decision

by Field Law on 5/16/2013

In the case of Bowman v. Monsanto Company (May 13, 2013), the US Supreme Court has weighed into this thorny field, and on Monday it delivered a unanimous judgment upholding the rights in Monsanto’s patented soybeans. (See our...more

U.S. Supreme Court Qualifies Patent Exhaustion

by Melissa Hunter-Ensor, Ph.D., Peter Lauro | Saul Ewing LLP on 5/16/2013

On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously...more

Publications Patent Exhaustion Does Not Apply to the Reproduction of Patented Seeds

by Erik Olson, Stephanie Skaff | Farella Braun + Martel LLP on 5/15/2013

On May 13, the United States Supreme Court issued its decision in Bowman v. Monsanto Co., 569 U.S. ___ (2013), which concerned whether and how patent exhaustion applies to self-replicating patented articles. Monsanto...more

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

by Robert Isackson | Orrick, Herrington & Sutcliffe LLP on 5/15/2013

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Marks and Spencer's use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High...

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

Distinguishing the Fictional From the Real: Names and Brands in Television and Movies

U.S. Supreme Court to Review Burden of Proof to Apply in Patent Licensee Challenges

In Uship Federal Circuit Finds Prosecution History Disclaimer in Arguments Against Restriction Requirement

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

Copyright Law Reform Engages Both Courts and Congress

Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes [Video]

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

Focused on Franchise Law - May 2013

The Issues of Trademark Infringement and Dilution Go “Wild”

ITC Section 337 Update - May 15, 2013

Court Report -- May 19, 2013

Lady Gaga: She’s No (Copyright) Monster

Court Report Supplement -- May 16, 2013

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

Supreme Court Finds for Monsanto in Seed Harvesting Case

Don’t Blame the Bean: The Monsanto Patent Decision

U.S. Supreme Court Qualifies Patent Exhaustion

Publications Patent Exhaustion Does Not Apply to the Reproduction of Patented Seeds

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes [Video]

Expand Your Reach