In Avid Identification Systems, Inc. v. Crystal Import Corp., Inc., the Federal Circuit weighed in on the enforceability of a patent due to inequitable conduct of the company president withholding material information.
Read MoreIn Jay Franco & Sons, Inc. v. Franek, lessons are learned in choosing the best route of protection for a round beach towel configuration with trade dress protection versus patent design protection.
Read MoreThe 2015 DMCA exemption list provides for permissible copyright circumvention in various areas, including jailbreaking phones, motion picture DVDs, video games, etc.
Read MoreThe USPTO issued guidance on process claims, identifying three major factors that favor patentability because they either satisfy the machine or transformation test or provide evidence that the process has been practically applied.
Read MoreIn Bouchat v. Baltimore Ravens Limited Partnership, the issue regarding copyright infringement and fair use is discussed.
Read MoreIn Stauffer v. Brooks Bros., Inc., the U.S. Federal Circuit Court of Appeals considered whether a private party had the standing to enforce the false marking statute.
Read MoreIn AstraZeneca LP v. Apotex, Inc., a generic drug draws a preliminary injunction barring defendant’s activity, which isn’t often seen in patent litigation cases.
Read MoreIn re Carl Walther GmbH, a gun manufacturer turned to 007 for help overcoming a rejected trademark application and offers some valuable insight on how to increase the odds of successfully obtaining trademark protection for a product configuration.
Read MoreIn Solvay S.A. v. Honeywell Int’l, Inc., a patent infringement lawsuit, conception vs copying was examined, finding that copying made it a “prior inventor” and, thus, invalidated the patent claims at issue.
Read MoreIn U.S. v. ASCAP, the issue of what constitutes public performance in terms of copyright is discussed as well as music licenses for online music providers.
Read MoreThe case Akamai Technologies, Inc. v. Limelight Networks, Inc. involves how a patentee can establish liability for joint infringement.
Read MoreThe U.S. and Chile sign an antitrust cooperation agreement to enable the antitrust agencies in the two countries to improve their law enforcement relationship.
Read MoreIn Uniloc USA Inc. v. Microsoft Corp., it is shown that patentees must establish a factual foundation for damages that considers factors that would actually play a role in royalty negotiations, as abstract rules alone won’t cut it in court.
Read MoreIn FreecycleSunnyvale v. The Freecycle Network, the U.S. Court of Appeals for the Ninth Circuit found that lack of control over the use of trademarks can amount to naked licensing and abandonment of trademark rights.
Read MoreIn UMG Recordings, Inc. v. Augusto, the U.S. Court of Appeals for the Ninth Circuit examined the role and nature of distribution of the work in determining whether a copyright holder retains control.
Read MoreThe Notorious Markets List identifies selected markets, including Internet, which exemplify the problem of marketplaces dealing in infringing goods and helping to sustain global piracy and counterfeiting.
Read MoreThe FTA Tariff Tool provides a searchable database to find tariff agreements and trends allowing small businesses a better avenue for seeking to export.
Read MoreWhen hackers compromised Sony's PlayStation Network and Sony failed to act in accordance with its Privacy Policy, such action could be seen as deceptive trade practices leading to enforcement actions.
Read MoreNon-compete agreements must be ancillary to or part of an otherwise enforceable agreement, and must contain reasonable limitations as to time, geographical area, and scope of activity to be enforceable for trade secret protection.
Read MoreIn Lahoti v. Vericheck, Inc., the Ninth U.S. Circuit Court of Appeals outlined the distinctiveness standard and made an important ruling regarding the registration of highly similar marks by third parties.
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