IP News
November 30, 2013
New Patent Litigation Reform Bills Introduced <br>U.S. Supreme Court Hears Oral Argument on Burden Of Proof for Licensee-DJ Plaintiff<br>A Split Federal Circuit Denies En Banc Rehearing In Case Involving Finality Of a Judicial Decision<br>Federal Circuit Explains Exhaustion of Method Patents
Can Law Firms Be Lean?
November 30, 2013
For those who have had some exposure to <i>Total Quality Management</i>, the reference to <i>Lean</i> or <i>Lean Six Sigma</i> might be familiar. Total Quality Management (TQM), famed for advancing Japanese firms to remarkable achievement in product quality, was also pursued in the service industry.
Establishing Copyright Damages When Party Moves for Summary Judgment
November 30, 2013
Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?
California Tightens Privacy Protection
November 30, 2013
Recently, the California legislature passed three laws that significantly alter the privacy landscape and impose a new set of responsibilities that arguably apply to any company doing business in the state.
Expanding Defenses To Inducing Infringement
November 30, 2013
On Oct. 25, 2013, the Federal Circuit, by a vote of six-to-five, denied rehearing <i>en banc</i> in <i>Commil USA, LLC v. Cisco Sys., Inc.,</i> (<i>Commil II</i>). That decision left intact the panel's holding, in a case of first impression, that an alleged indirect infringer's "good-faith belief of invalidity may negate the requisite intent for induced infringement."
LinkedIn Post Likely Didn't Violate Non-Compete Clause
November 30, 2013
A LinkedIn profile update alerting a user's contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her non-compete agreement, a Massachusetts trial judge has ruled.
Checking in on the New gTLD Objection Processes
November 30, 2013
ICANN has been busy reviewing applications for new generic top-level domain name registries (new gTLDs), and the first four new gTLDs were delegated to the Root Zone on Oct. 23, 2013.
Avoiding False-Marking Claims with Global Brands
November 30, 2013
For about a week last month, my Internet browser thought I was in Canada. And, like a friend who returns with an accent after a week-long vacation in London, this was more a source of curiosity than frustration. I first realized the quirk upon a visit to Google. Instead of finding myself at the familiar .com, I was redirected to a .ca site. With 's and 's littered across the page, the intellectual property nerd in me was buzzing. How was I to interpret these symbols?
Bit Parts
November 30, 2013
Copyright Infringement Claim Is Time-Barred If Ownership Claim Is, Too<br>Malpractice Suit Against Music Lawyer Ruled Untimely<br>