Category Archive for "Litigation"

Supreme Court allows patent owner to recover lost foreign profits

A new U.S. Supreme Court ruling brings welcome news to patent holders who have found their inventions infringed overseas. The Court held that plaintiffs can recover lost foreign profits generated by the unlawful shipping of U.S. parts abroad for assembly into an infringing product.

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Photogs lose DMCA case over metadata removal

More than two decades after its enactment, portions of the Digital Millennium Copyright Act (DMCA) continue to confound both copyright holders and accused infringers. What, for example, must a copyright holder establish to win a lawsuit over removal of copyright management information (CMI)? The U.S. Court of Appeals for the Ninth Circuit provided some clarity on the issue in a case involving digital photographs.

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New Weapon for Tech Companies to Fend Off Trolls

Hennepin Lawyer published an article by our litigation chair, Eric Chadwick, on the status of patent litigation involving trolls or nonpracticing entities (NPEs). A New Weapon for Tech Companies to Fend Off Trolls, concludes that the tide may have shifted in favor of technology companies in recent years through inter partes review challenges (IPRs) and now with invalidation of abstract patented “ideas” after the Supreme Court decision in Alice vs. CLS. Read more…
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Patterson Thuente IP Welcomes Galen Rahmlow

Patterson Thuente IP is pleased to welcome patent attorney, Galen Rahmlow, to our team. Focusing on patent prosecution in the chemical, mechanical, and material arts, Galen will enhance the firm’s ability to serve clients in a variety of industries, including chemical and medical technology. His experience centers around the following technologies: chemical, medical devices, aerospace equipment, gas turbine engines, coatings, ceramics, complex optical components, and films for LCD display systems.

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Patterson Thuente IP 2019 Best Lawyers

Patterson Thuente IP is pleased to once again announce that four of our lawyers have been named to the 2019 Edition of The Best Lawyers in America. Congratulations to the following attorneys:

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Why the Federal Circuit voted against a ballot verification patent

The U.S. Court of Appeals for the Federal Circuit, the court that hears all appeals of patent cases, continues to invalidate patents directed to abstract ideas. It applies the test established in 2014 by the U.S. Supreme Court. In a recent case, it ruled that a patent covering voting methods and systems providing for “auto-verification” of ballots was invalid as attempting to patent an abstract idea.

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Appellate Court Wipes Out Sturgis Trademark

The US Court of Appeals for the 8th Circuit published its opinion today, finding that a federally registered trademark for the mark Sturgis, owned by Sturgis Motorcycle Rally, Inc. (SMRI), is invalid. This is a major victory for Rushmore Photo & Gifts, the Niemann family of Rapid City, SD, and Wal-mart Stores, Inc., the defendants in this seven-year dispute over the Sturgis mark, The Court found that SMRI’s unregistered, common law trademarks “Sturgis Motorcycle Rally” and “Sturgis Rally & Races” are also invalid.

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D.C. Circuit tunes in to streaming content copyright issues

Streaming media has opened up a vast landscape of previously unavailable content for many. It’s also triggered an array of novel copyright infringement questions. In a case involving the streaming of content originating abroad into the United States, the D.C. Circuit Court of Appeals has tackled two previously unsettled questions about the scope of infringement liability under the Copyright Act.

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Supreme Court Patent Update

Inter partes review survives constitutional challenge Patent trolls are a significant nuisance to a range of industries. But the U.S. Supreme Court recently upheld a procedure that makes it easier for patent trolls’ potential victims to avoid prolonged litigation or costly settlements.

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Shades of Confidentiality: Understanding the limits of attorney-client privilege

Attorney-client privilege has been in the headlines of major newspapers recently with the ongoing reporting on the search warrant executed on President Trump’s attorney, Michael Cohen.  This story has put attorney-client privilege in the spotlight and illustrates that a basic understanding of the attorney-client privilege—and its limits—is essential for anyone who is working with an attorney.

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