IP Litigation

Alleged Patent Troll Targeted by Vermont Attorney General

September 25, 2013
LinkedInShare

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
LinkedInShare

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
LinkedInShare

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 →

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
LinkedInShare

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 [...]

0 comments Read the full article →

Vermont Approves Legislation Prohibiting Bad Faith Patent Infringement Claims

May 23, 2013
LinkedInShare

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 [...]

0 comments Read the full article →

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
LinkedInShare

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 [...]

0 comments Read the full article →

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

March 14, 2013
LinkedInShare

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 [...]

0 comments Read the full article →

Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada **UPDATE 3/7/13**

March 7, 2013
LinkedInShare

3/7/2013 Update Below An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, [...]

0 comments Read the full article →

Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada

March 4, 2013
LinkedInShare

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, Deiter, a Canadian [...]

0 comments Read the full article →

Who Let the Dogs Out? Barking About Whether to “Unleash” Patent Lawyer is Not Privileged.

February 11, 2013
LinkedInShare

By Brad Fawley Characterizing Out RAGE LLC’s position as reflecting “a Pavlovian reaction that any communication in which the word ‘lawyer’ or ‘attorney’ is mentioned is the bell that causes the dog named Privilege to salivate” a federal judge ruled that discussions among four executives in two interrelated companies about when to “unleash” and  “sic [...]

0 comments Read the full article →