IP Litigation

News Flash – Oracle v. Google Copyright Case

May 28, 2015
Share

In its brief filed on May 26, 2015, the US Solicitor General (SG) advised the US Supreme Court to not hear Google’s appeal of a decision, from the Court of Appeals for the Federal Circuit, holding that copyright protection extends to declaring code.  Should the Supreme Court agree with the SG, it will once again […]

0 comments Read the full article →

DMCA Advice from the Department of Commerce

April 23, 2015
Share

The Digital Millennium Copyright Act of 1998 was created to protect copyright owners from infringement of their works (such as photos, documents, music files, and videos) over the Internet.  Amongst other things, the DMCA created an exception (“safe harbor”) against monetary copyright liability for “service providers” (broadly, providers of online services) who establish and follow […]

0 comments Read the full article →

Can your social media contacts be a trade secret of your employer? Maybe.

March 31, 2015
Share

This is a relatively new legal subject, so there isn’t much law out there.  In December, 2011, a Pennsylvania federal court answered this question in the negative.  In the case of Eagle v. Morgan, Linda Eagle, the founder of a company, Edcomm, had developed a significant LinkedIn presence closely connected to Edcomm.  In 2010, Edcomm […]

0 comments Read the full article →

Second Strike Out for Alleged Patent Troll

January 19, 2015
Share

Alleged “patent troll” strikes out for second time in its efforts to have the Vermont AG’s “unfair patent enforcement” lawsuit adjudicated in federal court. In May 2013 the State of Vermont sued MPHJ Technology Investments, LLC for alleged consumer fraud arising from its letters sent to Vermont businesses claiming patent infringement.  Since then, the parties have […]

0 comments Read the full article →

Software Patentability – The Supreme Court Speaks. Turn Down the Volume.

June 23, 2014
Share

On Thursday, June 19, 2014, the US Supreme Court issued its decision in Alice v CLS Bank, a court case dealing with the patentability of software.  See our earlier post on the lower court rulings. What is Patentable? In the US, we have a law (35 USC §101) that lays out what kinds of subject matter are […]

0 comments Read the full article →

Tesla Patent Pledge….Too Good to be True?

June 15, 2014
Share

On Thursday June 12, Elon Musk, CEO of Tesla Moters, posted a blog post that said “…Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.”   At first glance, a good thing.  It is certainly better than having no such pledge.  But before folks gleefully download all […]

0 comments Read the full article →

EU Court of Justice Rules Web Browsing is not Copyright Infringement

June 12, 2014
Share

Whenever we view content on the Internet, our web browsers (Internet Explorer or Firefox, for most folks) make temporary copies of that content on our computers.  Amongst the rights reserved by copyright holders is the right to prevent others from making copies.  So do those copies constitute copyright infringement?  On Thursday, the European Court of […]

0 comments Read the full article →

Alleged Patent Troll Targeted by Vermont Attorney General

September 25, 2013
Share

Previously, we posted about Governor Peter Shumlin signing into law Vermont’s first-in-the-nation (and so far only-in-the-nation) patent troll legislation helping Vermont businesses protect themselves from bad faith patent infringement claims. 9 V.S.A. §§4195-4199 (effective July 1, 2013). In the meantime, the Vermont Attorney General is pursuing patent troll claims against MPHJ Technology Investments, LLC under […]

0 comments Read the full article →

Protecting Your Brand by Registering with the New gTLD Trademark Clearinghouse

August 21, 2013
Share

By Cathleen Stadecker Why a new Trademark Clearinghouse? In June of last year, the Internet Corporation for Assigned Names and Numbers (ICANN) announced it had received nearly 2,000 applications for approximately 1,400 unique new gTLDs or “strings,” for example .app, .llc, .auto, .realty, and .law. This is a huge number compared to the 22 gTLDs […]

0 comments Read the full article →

Seed of Patent Infringement Germinates Between Organic Farmers and Monsanto

June 25, 2013
Share

Organic farmers throughout the U.S. have worried for years that agricultural powerhouse Monsanto, might someday show up at their garden gate with a lawsuit for patent infringement because their crops were “inadvertently” contaminated with Monsanto biotech seed, a GMO or genetically modified organism, growing in neighboring fields. They were so worried, in fact, that in […]

0 comments Read the full article →