Intellectual Property

Legal Marijuana: New Branding Opportunities, Same Old Infringement

The Hershey Company filed a lawsuit against a Washington marijuana dispensary alleging its “Reefer’s Peanut Butter Cups” violated the company’s copyright. That suit may be the tip of the iceberg for the marijuana industry, as increased scrutiny is bound to come with its skyrocketing value, which some estimates put at as much as $10 billion within five years.

Divided Infringement Steps into the Limelight

In a unanimous ruling, the Supreme Court found that a defendant cannot be liable for inducing infringement unless the induced party directly infringed the patent, meaning there is no induced infringement of a method patent unless every step of the method can be attributed to a single actor.

Proposed Legislation Seeks to Limit Patent Trolls’ Access to ITC Investigations

The “Trade Protection Not Troll Protection Act,” introduced by U.S. Congressmen Blake Farenthold (R-Texas) and Tony Cárdenas (D-Calif.), aims to reduce the ability of patent trolls to initiate ITC investigations.

Microsoft: Gov’t Warrant Seeking Customer Info Stored Abroad Threatens Privacy For “Everyone On The Planet”

Microsoft told government regulators that going forward with a search warrant seeking customer information stored abroad “would violate international law […]

Patent Troll May Have Apple Over A Barrel, To The Tune Of $340 Million A Year

Patent assertion firm VirnetX may be on the cusp of winning a major lawsuit – worth as much as $340 […]

Elon Musk Drops Hint About A Novel Patent Strategy

Tesla CEO Elon Musk first told a shareholder’s meeting he was planning on doing something “kind of controversial with respect […]

Federal Circuit Compared To Chicago Cubs, And Not Favorably

After the Supreme Court’s unanimous reversal of the Federal Circuit in Nautilus, Inc. v. Biosig Instruments, Inc., Vera Ranieri of […]

You Can Run, But You Can’t Hide From Sanctions in Discovery

As the plaintiff learned in a recent patent case, “all things are presumed against a spoliator,” and the failure to resolve any discrepancies can trigger heightened scrutiny during discovery.

Supreme Court Announces New Standards For Indefiniteness

The Supreme Court found that the Federal Circuit’s standard for “indefiniteness” in a patent needs to be revisited. “Insolubly ambiguous” […]

Cyber Crime Now Costing Economy $446 Billion A Year

The global economy, still struggling to fully recover from the economic crises of the last decade, is being short-shrifted by […]

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