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Guest Columns
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Courts Write History on Permanent Injunctions In Patent Actions
Although a few more pages have been filled on the subject, there are still more pages that need to be written before the full impact and proper manner of applying the logic set forth in eBay will be understood, say Anthony F. Lo Cicero and Charles R. Macedo of Amster, Rothstein & Ebenstein LLP. |
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Trends In Compulsory Licenses In Greater China
Those considering entering the Greater China market should be aware that intellectual property protection in those markets has a number of fundamental differences with protection of intellectual property rights in the U.S., says Lily Lim of Finnegan, Henderson, Farabow, Garrett & Dunner LLP. |
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Reverse-Engineering Delivers Product Knowledge
Reverse-engineering can be used in competitive intelligence and to support patent-licensing activities—both means of spreading technology on a controlled basis, says Dick James, Senior Technical Advisor for Chipworks. |
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A Tale of Two Trademarks
A common perception is that obtaining a federally registered trademark is simply a matter of filling out an application with the U.S. Trademark Office. However, a great deal more may be involved, says Frank Ubell of Greenberg Traurig LLP. |
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Post-eBay, Expect More Patent Suits, Higher Costs
eBay and Metabolite are just the beginning of the patent reform debate and history will prove them to be worthwhile cases only if they spur real patent reform. Perhaps rather than new laws on injunctions, venue and damages, real solutions to the patent quality problem should be the focus, says Raymond Millien, general counsel of Ocean Tomo LLC. |
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Discussions On Tax Patents Have Lost Focus
The recent Congressional hearing on tax-strategy patents was incorrectly framed as “Should somebody be able to patent a method of complying with the law?” That is not the issue, nor the right path of inquiry. |
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Fourth Circuit Rejects Another Authorized Generics Challenge
With this latest rejection by yet another appellate court, it appears that the courts are not going to be a fruitful avenue for challenging authorized generics. Instead, critics of authorized generics are probably going to increasingly focus their efforts on persuading policymakers that changes to the Hatch-Waxman Amendments are necessary. |
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Recent Developments Regarding Permanent Injunctions In Patent Cases
z4 Technologies v. Microsoft suggests that eBay could have a more pronounced effect on limiting permanent injunctive relief than some commentators have recently suggested. – By John E. Daniel |
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The Gathering Storm: Supreme Court Case Promises Change in Patent Law
Raising issues concerning the fundamental standard for patentability, the Supreme Court's decision in KSR International Co. v. Teleflex Inc. has the potential to affect patent prosecution and enforcement for decades to come. |
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Extraterritorial Effects Of U.S. Patents
U.S. patent law has evolved to include infringement for certain activities not occurring within the U.S. Following claim drafting tips may help patent owners avoid some of the uncertainty of infringement in light of extraterritorial issues. |
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What To Expect And What To Do After The Supreme Court’s eBay Opinion
The race is on to offer opinions about what lower courts will do and how they will do it in view of the Supreme Court’s decision in eBay, Inc. v. Mercexchange. A review of the eBay case should provide valuable and instructive insight in answering both of these questions. |
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Google Thumbnails Finger IP Issues
When fair use was codified 30 years ago, the drafters of the Copyright Act could not have anticipated the services Google would provide. But because it is the framework in which Google must operate, Google’s attorneys must be creative as they tailor their arguments, says Perry J. Viscounty of Latham & Watkins LLP. |
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eBay V. MercExchange: Did The Supreme Court Concurrence Crush Claimants Who Chose Not To Commercialize?
The Supreme Court’s ruling in the eBay case gave us some answers with respect to the test for granting permanent injunctions in patent cases and left us with still many others, says Steve Rubin of Wolf, Block, Schorr & Solis-Cohen LLP. |
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Malpractice Cases Based On A Missed Patent Filing
A missed patent application filing can result in significant injury to a client. However, before going down the very expensive and time-consuming path of litigating a malpractice suit, a client should consider the considerable barrier of proving a loss, says Mark J. Hancock of Sedgwick, Detert, Moran & Arnold LLP. |
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Alternative Dispute Resolution For Copyright And Trademark Matters
Companies that take consideration of alternative dispute resolution methods and understand the host of options available will be able to align overall strategic plans with the preservation of intellectual property assets, says Elizabeth Shampnoi of the American Arbitration Association. |
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Trade Secrets, Computer Fraud And The Federal Forum
Recent reported decisions suggest that the Computer Fraud and Abuse Act is gaining popularity, both in its own right and as a vehicle for protecting trade secrets in federal court. We can expect this trend to continue, says Daniel K. Hampton of Holland & Knight LLP. |
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Don't Get Caught With Your Patents Down
With ever more patent disputes going to court, it has never been more important for companies to build up strong evidence to back up their patent claims. New developments in the patent licensing arena are making reverse engineering much more vital for companies seeking to capitalize on their intellectual property assets, says Terry Ludlow, founder and CEO of Chipworks. |
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Permanent Injunctions In Patent Cases: A Permanent Problem For Publicly Traded Companies?
Recent proposed legislative cures appear worse than the patent permanent injunction problem. For publicly traded companies, that problem may well be permanent, say William Rooklidge and Alyson Barker of Howrey LLP. |
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The Grokster Inducement Test For Secondary Copyright Infringement Liability
If the inducement test is limited to cases involving copying technologies only, copyright owners will lose the additional enforcement theory given to them by Grokster. Hopefully, future court decisions will give Grokster’s inducement test the broader scope it deserves, say James D. Nguyen and Debra D. Nye of Foley & Lardner LLP. |
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The Proposed Perform Act: Leveling The Playing Field Or Restricting Consumer Freedoms?
A controversial proposal for a new copyright measure has been receiving a lot of attention as of late. The issue that this proposed measure claims to be addressing is a significant one that has been gaining a lot of attention. Even if this particular bill is not passed in its present form, it is very unlikely that this will be the last that we hear on this topic, says Jacqueline Klosek of Goodwin Procter LLP. |
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French Tax Raises Money For Drugs—And IP Concerns
As international governments and drug companies struggle to find a balance between protection of intellectual property and the rights of poor nations to access crucial medications, a controversial new French initiative stands to fuel the growing debate by pressuring the pharmaceutical industry to lower its prices. |
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Latest Articles
London Fog Lets Go Of Trademark
Monday, August 21, 2006
Still selling off its assets, bankrupt rainwear maker London Fog Group Inc. has unloaded its famed trademark, with Iconix Brand Group Inc. snapping up the recognizable brand for $30.5 million in cash and $7 million in stock.
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No End In Sight In Plavix Battle
Monday, August 21, 2006
Attorneys spent a second day in court Monday arguing over whether Apotex’ generic version of the blockbuster blood thinner Plavix should be allowed on the market.
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Lengthy Patent Battle Wages On For Microsoft
Monday, August 21, 2006
Timeline Inc. announced Monday that it has terminated a limited license with Microsoft Corp. for use of its patents with the software giant’s SQL Servers, and has asked a federal court to add Microsoft to a patent infringement lawsuit.
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eBay Opinion Doesn’t Affect Preliminary Injunctions, Judge Rules
Monday, August 21, 2006
A federal judge has ruled that a landmark Supreme Court decision involving eBay only relates to permanent injunctions and not preliminary ones.
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Federal Circuit Overturns Jury Verdict Against ACell
Monday, August 21, 2006
The Federal Circuit has overturned a jury verdict that found biotechnology company ACell Inc. liable for patent infringement of a tissue-engineering method for healing wounds and scars, ruling against Cook Biotech Inc. and Purdue Research Foundation.
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Silicon Graphics To Retain Paul Hastings
Monday, August 21, 2006
Silicon Graphics Inc. has requested permission to hire Paul, Hastings, Janofsky & Walker LLP to act as its special intellectual property counsel.
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Courts Write History on Permanent Injunctions In Patent Actions
Monday, August 21, 2006
Although a few more pages have been filled on the subject, there are still more pages that need to be written before the full impact and proper manner of applying the logic set forth in eBay will be understood, say Anthony F. Lo Cicero and Charles R. Macedo of Amster, Rothstein & Ebenstein LLP.
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DexCom Scores Stay, Partial Dismissal In Abbott Suit
Friday, August 18, 2006
DexCom Inc. revealed Friday that it received a favorable ruling in a patent infringement dispute with rival Abbott Diabetes Care Inc. over technology related to glucose monitors used by diabetics.
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EchoStar Wins Block Of Damaging DVR Injunction
Friday, August 18, 2006
The U.S. Courts of Appeals for the Federal Circuit Friday blocked a temporary injunction that would have prevented Echostar Communication Corp. from selling some of its digitial video recorders and stopped the service of about 4 million DVRs within 30 days.
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Gloves Come Off In Plavix Battle
Friday, August 18, 2006
Canadian generic drug maker Apotex has accused Bristol-Myers of engaging in illegal secret side deals that led to a Department of Justice investigation into a Plavix settlement agreement.
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