Category Archive for "Litigation"

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Will innocent, immaterial inaccuracies defeat copyright registration?

Mistakes happen — but, thanks to a new ruling by the Eleventh Circuit Court of Appeals, mistakes in a copyright registration application don’t necessarily doom the resulting registration. According to a recent case, the registration will be upheld unless it contains material inaccuracies and the registrant intended to conceal relevant information from the Copyright Office.

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Federal Circuit confirms expansion of liability for divided patent infringement

Patentees have long struggled when trying to enforce method patents in “divided infringement” cases, where multiple parties carried out the required steps. The Federal Circuit Court of Appeals seems to have come to their rescue, though. The court, which hears all appeals in patent-related cases, recently made clear that it’s applying a looser standard when it comes to establishing direct infringement liability in divided infringement cases.

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The nuts and bolts of court-ordered mediation

Conventional wisdom tells us that, in business disputes, mediation works best when it is voluntary.  So why do judges regularly force litigants into mediation? Perhaps it’s because, in their experience, reality is quite different from the conventional wisdom. Namely, that mediation, whether voluntary or coerced, often helps litigants avoid unnecessary and costly litigation.

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Ideas on Intellectual Property Law – June/July 2018

Patterson Thuente IP is pleased to present the June/July 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Federal Circuit clarifies surname test for trademarks

What’s in a name? The answer to that question might determine whether a mark that includes someone’s surname is eligible for trademark registration. The Federal Circuit Court of Appeals has shed some light on when a mark with a surname is—and isn’t—registrable as a trademark.

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Enforcing Your Core IP Rights to Further Your Business Goals

Not all intellectual property is created equal. Typically, only some of a company’s IP actually relates to core products or promising future technologies. This fraction of a company’s IP portfolio is where its priorities should lie from an enforcement standpoint, especially in more competitive industries. The rights afforded by these core patents, trademarks and trade secrets protect the backbone of the company.

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Proving infringement of system patents: Court rejects jury’s infringement finding in phone case

You might think it would be easier to prove infringement of a patented system having multiple components. The more parts, the more opportunity to prove infringement. Not so. As one patentee learned the hard way, more parts means more to prove.

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Who owns the copyright of stock photos?

Thanks in part to the proliferation of websites over the past couple of decades, the use of stock photography is more widespread than ever. And the posting of photos online—as well as in print—has created a copyright infringement bonanza. But who has the right to enforce copyright claims involving use of stock photographs? The Ninth Circuit Court of Appeals recently tackled this question.

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Train in vain: Patents for mass transit fare systems struck down

The Federal Circuit Court of Appeals, the court that hears all appeals of patent-related cases, continues to engage in abstract thinking — thinking about the patent-eligibility of abstract ideas, that is. In the wake of Alice Corp. v. CLS Bank Int’l, the Federal Circuit has repeatedly reviewed whether patents are invalid because they covered patent-ineligible inventions. In this case, for example, the plaintiff ended up having four patents wiped out as invalid on this basis.

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Ideas on Intellectual Property Law – April/May 2018

Patterson Thuente IP is pleased to present the April/May 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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