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Intellectual Property

Sep 14, 2011

Federal Circuit decides human genes are patentable

Intellectual property lawyers say the biotech field dodged a bullet with a recent ruling by the U.S. Court of Appeals for the Federal Circuit finding human genes are patentable.

Sep 2, 2011

10-1335 EdgeNet, Inc., v. Home Depot, U.S.A., Inc.

Intellectual Property Copyright; breach

Jun 9, 2011

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 […]

Jun 7, 2011

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 […]

Jun 7, 2011

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,[...]

May 31, 2011

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 anoth[...]

May 10, 2011

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 […]

Apr 25, 2011

Patent Office pilot programs slowly ease backlog (UPDATE)

Over the past two years, patent attorneys have seen marked differences in the way patent applications are handled, and how a backlog of 700,000-plus filed patent applications are being tackled, by the U.S. Patent and Trademark Office.

Jan 31, 2011

Bio mechanics

Joshua M. Koch is a real Boy Scout. The civil litigator at Arndt, Buswell & Thorn in Sparta highlights his Eagle Scout award in his online firm biography. Koch also advertises his love of hunting and fishing, personal tidbits which often prove useful in connecting with clients, especially in northern Wisconsin.

Nov 23, 2010

10-2327 Nightingale Home Healthcare, Inc., v. Anodyne Therapy, LLC

Intellectual Property Lanham Act; attorney fees A case under the Lanham Act is “exceptional,” in the sense of warranting an award of reasonable attorneys’ fees to the winning party, if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had […]

Sep 30, 2010

09-3379 Stayart v. Yahoo! Inc.

Intellectual Property Trademark infringement; standing Before a plaintiff may assert a claim under the Lanham Act, she must have a commercial interest to protect. “Relying on cases in other circuits, Stayart argues that because her activities include advocacy and boycotts she is engaged in ‘services’ and ‘commercial activities’ and therefore has standing to pursue her[...]

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