Intellectual Property

Judge Posner Declares Sherlock Holmes In Public Domain

June 18, 2014

Sherlock Holmes is in the public domain, the Seventh Circuit Court of Appeals has ruled, dealing a loss to the […]

Legal Marijuana: New Branding Opportunities, Same Old Infringement

June 12, 2014

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

June 12, 2014

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

June 12, 2014

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”

June 12, 2014

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

June 12, 2014

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

June 12, 2014

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

June 11, 2014

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

June 10, 2014

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

June 10, 2014

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

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