IP News
May 02, 2014
Federal Circuit Focuses on Burdens Of Proof in Travatan Z' Case <br>History of Patent Litigation May Establish Justiciable Controversy<br>Federal Circuit Holds a Reexamined Patent is 'Same Patent' as Original For Claim Preclusion
Supreme Court Rules on Standing In False Advertising Cases
May 02, 2014
Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.
Seeking Quick Relief for Trademark Claims on Social Media Sites
April 02, 2014
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. In the infringement context, trademark maintenance has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Crafting the Effective Trademark Cease-and-Desist Letter
April 02, 2014
The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.
IP News
April 02, 2014
Federal Circuit: 'Universal Acceptance' of a Principal Does Not Overcome Language of Claims and Specification<br>Federal Circuit: Routine Mental Steps Carried Out By Computer Outside the Scope of Section 101 <br>Federal Circuit Retains De Novo Review of Claim Construction
Sup. Ct. Rules Burden of Proof Remains with Patent Owner
April 02, 2014
The Supreme Court began 2014 by reversing the Court of Appeals for the Federal Circuit's decision in <i>Medtronic, Inc. v. Mirowski Family Ventures, LLC,</i> holding that the burden of proof on infringement remains with the patent owner even when a licensee files a declaratory judgment suit seeking a judgment of no infringement.
The Application of 365(N) to Cross-License Agreements
March 25, 2014
Last month, Part One of this Article detailed the effect of applying section 365(n) to cross-license agreements. Part Two herein discusses the problems that section 365(n) presents to debtors who are party to cross-license agreements..
Ninth Circuit Upholds WA State Publicity Rights Amendment
February 28, 2014
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness.
<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels
February 28, 2014
Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.
