Archives

In the recent Solvay v. Honeywell (PDF) decision, the Federal Circuit dealt with the issue of who qualifies as a prior inventor for the purpose of 35 U.S.C. § 102(g)(2). In particular, this case concerns an invention that was invented in Russia but later duplicated in the United States (“U.S.”). ...

Not only was the landmark peer-to-peer file-sharing trial involving Northern Minnesotan Jammie Thomas-Rasset the first of its kind to reach trial; Thomas-Rasset’s file-sharing litigation will likely come to its third trial on November 2, 2010. Thomas-Rasset downloaded 24 pop hits of the 1980s and 1990s and was found liable in 2007 for $222,000 in statutory ...

Privacy Expectations in the Use of GPS Tracking Devices: United States v. Maynard, No. 1:05-cr-00386-ESH-10 (Aug. 6, 2010) The recent D.C. Circuit Court decision United States v. Maynard (PDF) is one in a series of Circuit Court decisions addressing the legality of federal authorities monitoring a citizen using a GPS tracking ...

The Anti-Counterfeiting Trade Agreement (“ACTA”) has been under negotiation since October 2007. Over the past three years a group of nations, including the United States, have deliberated the specific contents and composition of this document designed to establish stronger intellectual property enforcement on a global scale. At the Tokyo round ...

Current copyright law has proven inadequate to address the uses of creative works in this technological and Internet age. Today’s global environment is one of almost costless reproducibility and dissemination, low-cost production of not only written works but also musical, visual, and moving image works, and increased and varied platforms ...

On September 28, 2010, the Solicitor General (SG) filed a brief explaining the views of the United States in the pending appeal of Stanford v. Roche, 583 F.3d 832 (Fed. Cir. 2009) (PDF). The SG’s brief argues strongly in Stanford’s favor, and urges the Supreme Court to grant Stanford’s petition for ...

In Teva v. Eisai, the Federal Circuit held that a subsequent Paragraph IV filer has standing when a patent listed in the Orange Book causes a delay in the triggering of a first filer’s exclusivity period and prevents the subsequent filer from bringing a generic drug to market. The Hatch-Waxman ...

The recent decision in Goeddel v. Sugano concerns an appeal from an interference proceeding. Although these types of cases may be a “dying breed” if patent reform goes through (as discussed in this PLI Patent Law Practice Center post), this case highlights written description requirement issues that are relevant outside ...

The Eight Circuit affirmed summary judgment for Myers Supply Inc. against Georgia-Pacific Consumer Products LP (“G-P”) on the issues of contributory trademark infringement and tortious interference with contract where Myers sold von Drehle (“VD”) paper towels for use in G-P machines to a church and school district. Georgia-Pac. Consumer Prods., LP ...

In a revised en banc opinion (PDF), the Ninth Circuit overturned guidelines promulgated last year involving seizure of computer records from a company allegedly providing steroids to professional baseball players. The en banc opinion relaxes the previously issued federal procedures governing issuance and execution of search warrants and subpoenas for ...