In This Issue: • Owner of “WOULD YOU RATHER...?” Wins $8.3 Million • PC ON A STICK Is Not Merely Descriptive • Sonoma Wine Producer Wins Geographically Limited Injunction • Brand Owners Awarded Favorable Damages...more
In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more
In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and...more
[T]he estimated likelihood of success in establishing infringement is governed by Federal Circuit law. [A movant for a preliminary injunction in a patent case] need not meet [the] heightened "clear or substantial likelihood"...more
In two recent cases, the Federal Circuit discussed the standard to apply in deciding whether to grant a preliminary injunction for patent infringement and when an online reference may be used as prior art to invalidate a...more
I use a well-publicized decision to teach some important concepts about intellectual property law to non-specialists. The idea is that non-specialists, even non-lawyers, would benefit from this basic knowledge, even if they...more
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