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Burden of Proof IP License

Knobbe Martens

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

Knobbe Martens on

APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Arctic Cat: A Chilly Reminder Regarding Licensee Marking

In order to make the most of a patent investment, consumer product companies must put competitors on notice of their patent rights. Specifically, a patentee who makes or sells a patented article must mark their articles or...more

Skadden, Arps, Slate, Meagher & Flom LLP

Novel Theories Emerge in Merger Enforcement

Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more

Mintz - Intellectual Property Viewpoints

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

McDermott Will & Emery

Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof - Adobe Systems Inc. v. Christenson et...

McDermott Will & Emery on

Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial burden of proof falls on...more

Kelley Drye & Warren LLP

ITC Finds Nokia Does Not Infringe Interdigital Patents, So Does Not Address FRAND Issues (337-TA-613)

On Friday, the U.S. International Trade Commission issued a Notice on its review of Judge Essex’s decision in the InterDigital v. Nokia investigation and found that Nokia did not infringe InterDigital’s 3GPP patents (see our...more

Mintz

ALJ Essex Elaborates an Evidence-Based Framework for Adjudicating the FRAND Defense

Mintz on

Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more

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