This article discusses three recent Federal Circuit rulings that have set important new guidelines for which kinds of licensees will have independent standing to sue infringers, which will be compelled to join their patentees, and which will be left out in the cold.
Bell Atlantic Corp. v. Twombly, a recent Supreme Court decision which addressed the sufficiency of pleadings for a claim under Section 1 of the Sherman Act, has prompted defendants in a wide variety of actions, including patent cases, to file motions urging district courts to apply the 'new' Twombly pleading standard to dismiss the actions against them.
Although the Ninth Circuit did not rule that extra-judicial circumstances should be added to the four Supreme Court Daubert 'factors,' there is, nevertheless, superficial support by some courts in dicta that Daubert II held that an extra-judicial opinion is more reliable than one born out of the litigation. A closer look at this idea will reveal it is not one that should be adopted as a factor.
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
Recent rulings of interest to you and your practice.
Microsoft is moving against alleged counterfeiters who use online auction sites like PriceGrabber.com and eBay to sell software that is packaged to look like the real thing, but is far from it.
A look at interesting litigation.
The Miami girl group Expos' ruled the charts in the 1980s, turning out a multiplatinum album and numerous hits, including the No. 1 single, 'Seasons Change.' But some things never change. Turmoil with management roiled the group during its hey-day, and rancor has returned now that the trio is on a popular reunion tour, riding high on 1980s dance nostalgia. The singers have been sued to stop using the name Expos' after breaking with promoters in August, just months before the music group's trademark licensing agreement was set to expire.
Copyright/Joint-Authorship Test
DMCA Safe-Harbor Bid/Declaratory Suit
File-Sharing Suit/Anti-Trust Counterclaims
Foreign auto manufacturers often have American subsidiaries that import their products and market them with a warranty from the importer. If such a product injures an American due to a design defect, do you need to sue the manufacturer as well as the importer/seller/warrantor?
