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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.
10-1335 EdgeNet, Inc., v. Home Depot, U.S.A., Inc.
Intellectual Property Copyright; breach
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 […]
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 […]
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,[...]
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[...]
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 […]
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.
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.
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 […]
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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- Judge bars media cameras in slayings case, but the court will livestream
- $2 million awarded by Federal jury for MPD excessive force, officers’ failure to intervene
- Wisconsin Attorney General joins multistate Amicus Brief to uphold laws restricting gun magazine capacity
- Lawyer with ties to Brookfield, Wis. sentenced to four Years in Federal Prison
- Justice Sandra Day O’Connor, the first woman on the Supreme Court, has died at age 93
- Gov. Evers appoints Toni L. Young to the Racine County Circuit Court
- Gov. Evers appoints Frank Gagliardi to the Kenosha County Circuit Court
- Unions in Wisconsin sue to reverse collective bargaining restrictions on teachers, others
- Courtroom outbursts justified exclusion of mother from parental rights trial
- OSHA fines two Wisconsin construction companies after Lambeau Field carpenter’s death
- Vehicle wanted in Chicago homicide crashes into Milwaukee school bus during police pursuit
- Court to weigh social media and First Amendment
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
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- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
