Patent Lawyers
We believe great ideas are infectious, exciting and exhilarating. They bring people together. They embolden and inspire. They create passion and loyalty. And they are worth protecting.

At the Federal Circuit: Some patentees might receive preissuance damages

Owners of infringed patents typically are limited to recovering damages that occur after the patent was issued. However, they may also be entitled to damages for infringing conduct that occurs preissuance, but after publication, of the patent application if the accused infringer had “actual notice” of it. In Rosebud LMS Inc. v. Adobe Systems Inc., the Federal Circuit Court of Appeals has addressed what constitutes such notice for the first time since the statute authorizing such preissuance damages was enacted in 1999. (more…)

Owners of infringed patents typically are limited to recovering damages that occur after the patent was issued. However, they may also be entitled to damages for infringing conduct that occurs preissuance, but after publication, of the patent application if the accused infringer had “actual notice” of it. In Rosebud LMS Inc. v. Adobe Systems Inc., the Federal Circuit Court of Appeals has addressed what constitutes such notice for the first time since the statute authorizing such preissuance damages was enacted in 1999. 4101

Copyright law defeats right-of-publicity claims

The right to copyright protection is bestowed by federal law, while the right of publicity from the use of one’s name or likeness is bestowed by state law. So which prevails when these rights come into conflict? In Dryer v. The National Football League, the Eighth Circuit Court of Appeals shed some light on how that answer should be determined. (more…)

The right to copyright protection is bestowed by federal law, while the right of publicity from the use of one’s name or likeness is bestowed by state law. So which prevails when these rights come into conflict? In Dryer v. The National Football League, the Eighth Circuit Court of Appeals shed some light on how that answer should be determined. 4099

How to outhustle a hustler

Court modifies the terms of a permanent injunction

An injunction against a trademark infringer may be permanent, but that doesn’t mean its terms are necessarily final. As its ruling in LFP IP, LLC v. Hustler Cincinnati, Inc. shows, the Sixth Circuit Court of Appeals believes a court can modify an injunction’s terms — in certain circumstances. (more…)

Court modifies the terms of a permanent injunction An injunction against a trademark infringer may be permanent, but that doesn’t mean its terms are necessarily final. As its ruling in LFP IP, LLC v. Hustler Cincinnati, Inc. shows, the Sixth Circuit Court of Appeals believes a court can modify an injunction’s terms — in certain circumstances. 4097