Archive for 'Litigation'
Written By: Brett J. Rosen and Andrew J. Koopman On March 19, 2013, the U.S. Supreme Court issued a 6-3 decision holding that the “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad.
Written By: Robert A. McKinley On February 27, 2013, new legislation was introduced that proposes shifting attorneys fees to non-practicing entities (NPEs or trolls) if they lose patent infringement cases. The proposed legislation is referred to as the SHIELD Act of 2013, and is a welcomed improvement to targets of NPE litigation.
Written By Thomas G. Southard and Brian S. Seal As financial institutions race to capture a portion of the increasingly popular online and mobile banking markets, they are going to be targeted by patent owners in litigations across the country. There are, however, approaches they can take to protect themselves and their customers.
Written By Stephen D. Harper, Ph.D. and Brett J. Rosen Both the U.S. Patent and Trademark Office (USPTO) and the World Intellectual Property Organization (WIPO) recently issued new rules for bringing prior art publications to the attention of an examiner during examination of a patent application.
By Paul F. Prestia China intellectual property protection: not too many years ago that would have been considered an oxymoron. Then the Chinese government announced its future economy would be based on innovation, not manufacturing. With the pump primed by government subsidization, the flow of domestic Chinese patent applications soared from 380,000 in 2005 to [...]
By Jonathan H. Spadt On July 7, 2011, the House Judiciary Committee voted 20-13 to pass H.R. 966 out of committee. The bill is called the “Lawsuit Abuse Reduction Act of 2011” and is sponsored by Congressman Lamar Smith (R – TX).
Posted: July 12th, 2011 under Litigation.
By Brett J. Rosen This article is also published in RatnerPrestia’s Case Law Updates. Supreme Court of the United States Decided: June 9, 2011 Summary The Supreme Court unanimously affirmed the Federal Circuit’s judgment by upholding a clear and convincing standard for proving a patent invalid under 35 U.S.C. § 282, whether or not the [...]
Posted: June 22nd, 2011 under Litigation.
Supreme Court of Pennsylvania Expands Attorney-Client Privilege to Protect both Client-to-Attorney Communications and Attorney-to-Client Communications.
By Benjamin E. Leace. This article is also published in RatnerPrestia’s Case Law Updates. On February 23, the Supreme Court of Pennsylvania, held in a landmark 5-2 decision that Pennsylvania’s attorney-client privilege operates in a two-way fashion, protecting confidential client-to-attorney and attorney-to-client communications made for the purpose of obtaining or providing professional legal advice rather [...]
Posted: March 15th, 2011 under Litigation.
By Gerard M. O’Rourke and Christopher H. Blaszkowski. In In re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, 2010 U.S. Dist. LEXIS 99600 (D. Del. Sept. 21, 2010), Judge Robinson denied defendants’ motion to exclude evidence of defendants’ inability to obtain FDA approval. In doing so, the Court held that the inability to obtain FDA approval [...]
Motion To Stay In Light Of Reexamination Granted Where Reexamination Was Filed Before Lawsuit Was Filed and Parties Were Not Competitors
By Gerard M. O’Rourke and Zachary J. Fansler. In Vehicle IP, LLC v. Wal-mart Stores, Inc., No. 10-503-SLR, 2010 U.S. Dist. LEXIS 123493 (Del. Nov. 22, 2010), Judge Robinson granted the defendants’ motion to stay the case pending reexamination. Judge Robinson determined that several factors weighed in favor of granting the stay including, but not [...]