Features
A Creative Screening of Electronically Stored Information May Determine the Victor
Electronically stored information ('ESI') is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in <i>Victor Stanley, Inc. v. Creative Pipe, Inc., et al.</i>
Features
Practice Tip: The Learned Intermediary Doctrine
The court's refusal in <i>Johnson & Johnson v. Karl</i>, to recognize the learned intermediary doctrine and rejection of it wholesale lacks a sound basis. It is a legal aberration that warrants a prompt legislative response to codify the learned intermediary doctrine in West Virginia.
Features
Rambus: Clarification of IP Disclosure Rules in Standard Setting
In a case closely watched by intellectual property holders, the D.C. Circuit has provided new guidance on the potential antitrust consequences of the failure to disclose patent rights during a standard setting proceeding.
Quanta: Supreme Court Expands the Scope of Exhaustion; Redefines Licensing Principles
The Supreme Court's recent unanimous decision in <i>Quanta Computer, Inc., et. al. v. LG Electronics, Inc.</i>, expands the scope of the patent exhaustion doctrine and redefines an area of patent law that had been subject to considerable confusion for decades.
Features
<i>adidas v. Payless</i>
After almost seven years since inception, the lawsuit by adidas against Payless ShoeSource, Inc. ended at the trial level with a jury verdict against Payless in the amount of $305 million. Payless was found guilty of willful federal trademark and trade dress infringement, trademark and trade dress dilution, and state-law unfair and deceptive trade practices as a result of its sale of footwear bearing confusingly similar imitations of adidas's famous Three-Stripe Mark and Superstar Trade Dress.
Features
News Briefs
The latest news from the franchising world.
Foreign F.O.B. Shipment of Infringing Product Does Not Defeat Federal Subject Matter Jurisdiction
The Court of Appeals for the Federal Circuit has determined that a trial court does not lose subject matter jurisdiction over a patent or copyright infringement case where all sales of accused products to U.S. customers were made f.o.b. in Canada by a Canadian corporation.
Features
<i>Quanta Computer, Inc., et al. v. LG Electronics, Inc.</i>
In <i>Quanta Computer</i>, many observers believed that the Court would address whether, and to what extent, a party can contractually restrict application of the patent exhaustion doctrine, under which patent rights covering a product are extinguished when the product is sold without restriction. Instead, the Court's decision in <i>Quanta</i> appears to be relatively narrow, confirming that the sale of unpatented components can exhaust a system patent that is substantially, but not completely, embodied by those components, but leaving open the broader question of whether parties can contractually limit application of the patent exhaustion doctrine to the detriment of downstream good faith purchasers.
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