IP Litigation

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

June 23, 2014
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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 […]

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Tesla Patent Pledge….Too Good to be True?

June 15, 2014
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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 […]

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EU Court of Justice Rules Web Browsing is not Copyright Infringement

June 12, 2014
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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 […]

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Alleged Patent Troll Targeted by Vermont Attorney General

September 25, 2013
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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 […]

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Protecting Your Brand by Registering with the New gTLD Trademark Clearinghouse

August 21, 2013
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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 […]

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Seed of Patent Infringement Germinates Between Organic Farmers and Monsanto

June 25, 2013
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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 […]

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Fractured Federal Circuit Invites the Supreme Court to Once Again Weigh In On Patentable Subject Matter – What Computer Software Patent Applicants Should Do in the Interim

May 28, 2013
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By Kevin McGrath On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank International et al. v. Alice Corporation Pty, Ltd., (2011-1301).  At a high level, the issue in CLS Bank was whether software, business method, financial system, and some computer implemented inventions are eligible to even be considered for […]

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Vermont Approves Legislation Prohibiting Bad Faith Patent Infringement Claims

May 23, 2013
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By Peter Kunin The Vermont House and Senate have approved a first-in-the-nation bill that provides a legal tool for Vermont companies who face extortionate claims of patent infringement from “patent trolls.”  In brief, the legislation gives Vermont companies the ability to bring a lawsuit against patent owners who – acting in bad faith — threaten […]

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The New Age of Patent Enforcement in the United States: The Brave New World Post-AIA is NOT First to File – It IS Post Grant Proceedings

April 10, 2013
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Sure, First-to-File is new here, but the rest of the world has been dealing with it forever and the sky has not fallen on technological innovation elsewhere.  And it won’t fall on it here either under a First-to-File system. But consider patent enforcement for a moment if you will.  As a patent owner who wants […]

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Speaking Of . . . Trade Secrets | Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

March 14, 2013
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When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both.  What’s an appropriate measure of damages when your trade secrets are stolen?  It can be your lost profits caused by the misappropriation, if you can prove them.  Or, it […]

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