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Tag Archives: Intellectual Property

Milwaukee Tool sues competitor for ‘misleading’ logo

Milwaukee Electric Tool Corporation is suing the company that makes Milwaukee Leather products, accusing it of misleading customers and tarnishing the reputation of Milwaukee Tool’s “famous” logo. Milwaukee Tool filed a trademark infringement lawsuit in federal court on Friday. The complaint accuses Shaf International Inc., which sells products under the Milwaukee Leather and Milwaukee Performance brands, of making heated apparel ...

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Lawyers: Colbert is intellectual property

After CBS "Late Show" host Stephen Colbert told viewers that lawyers representing his old Comedy Central show said he couldn't be "Stephen Colbert" anymore, he thumbed his nose at them with a transparent dodge.

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Protecting brands in the Internet age

Remember the Marlboro Man, that stalwart image forever linked to the American West? A symbol of ruggedness, he was used by the Philip Morris tobacco company to sell millions and millions of cigarettes from 1954 to 1999.

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Close gaps in your IP protection

Protecting a company’s intellectual property can create benefits. An incomplete IP strategy, however, may leave a company with gaps that undermine the efforts (and expenses) that it took to protect its IP in the first place.

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Federal Circuit opens door for patent cases

Intellectual property attorneys who challenge decisions before the Patent Trial and Appeal Board say a recent Federal Circuit ruling means they no longer can be barred from introducing new evidence in appeals at the U.S. District Court.

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Public transit agencies deride ‘patent trolls’

Public transit agencies nationwide are being targeted with questionable lawsuits by so-called patent trolls squeezing settlements out of financially strapped public entities unable to mount legal defenses against claims they are infringing on intellectual property protections, industry representatives said Thursday.

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Jurors award more than $10M in patent infringement dispute

Plaintiffs Rockwell Automation Inc., a Wisconsin corporation, and Rockwell Automation Technologies Inc., an Ohio corporation, filed a lawsuit Nov. 16, 2010, in federal court against defendants Germantown-based WAGO Corp. and its German parent company, WAGO Kontakttechnik GmbH & Co. KG.

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Big debate over changes in IP law

Some theft of intellectual property is easy to spot. Think of a black market in Shanghai where for a few dollars visitors can snap up DVDs of “Hugo” or some other movie still playing in American theaters.

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10-290 Microsoft Corp. v. i4i Limited Partnership

Intellectual Property Patent infringement; invalidity defense Section 282 of the Patent Act of 1952 requires an invalidity defense to be proved by clear and convincing evidence. The Court rejects Microsoft’s contention that a defendant need only persuade the jury of a patent invalidity defense by a preponderance of the evidence. Where Congress has prescribed the governing standard of proof, its ...

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10-2144 Ho v. Taflove

Intellectual Property Copyright; mathematical equations Mathematical equations cannot be copyrighted. “On appeal, Professor Ho and Ms. Huang maintain that there are numerous ways to express the Model and therefore that, as a consequence, the merger doctrine does not apply. The plaintiffs, however, failed to support sufficiently this argument before the district court in their summary judgment filings. In their summary ...

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09-1159 Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

Intellectual Property Patents; federal contractors The Bayh-Dole Act does not automatically vest title to federally funded  inventions in federal contractors or authorize contractors to unilaterally take  title to such inventions. Section 202(a), which states that contractors may “elect to retain title,”  confirms that the Act does not vest title. Stanford reaches the opposite  conclusion, but only because it reads “retain” ...

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10-6 Global-Tech Appliances, Inc., v. SEB S.A.

Intellectual Property Patents; induced infringement Induced infringement under 35 U.S.C. 271(b) requires knowledge that the induced acts constitute patent infringement. Induced infringement was not considered a separate theory of indirect liability in the pre-1952 case law, but was treated as evidence of “contributory infringement,” i.e., the aiding and abetting of direct infringement by another party. When Congress enacted §271,it separated ...

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10-2863 Eva’s Bridal, Ltd., v. Halanick Enterprises, Inc.

Intellectual Property Trademarks; naked licensing Where the holder of a trademark exercised no control over the appearance and operations of a licensee’s business, the trademark is abandoned. “How much control is enough? The licensor’s self-interest largely determines the answer. Courts are apt to ask whether ‘the control retained by the licensor [is] sufficient under the circumstances to insure that the ...

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