The newsletter of the ISBA’s Section on Intellectual Property Law
Browse articles by year: 2013 (17)
Newsletter articles from 2012
Beware: Damages for pursuing baseless claim construction
The Court of Appeals for the Federal Circuit affirmed a District Court's award of $4.6 million in attorney's fees and expert fees based on Plaintiff MarcTec's frivolous litigation. The Federal Circuit found MarcTec's assertion of infringement baseless given its untenable initial claim construction position and untestable expert theory. MarcTec's pursuit of infringement, even after the District Court's unfavorable claim construction order, further reflected its bad faith and ultimately resulted in the Court's affirmation of attorney and expert fees.
Contract litigation expense insurance
Contract Litigation Insurance (CLI) allows individuals and businesses to insure a significant portion of the financial risk —having to pay the winners’ attorneys’ fees—that arises concomitantly with the initiation of contract dispute litigation. Plaintiffs and defendants can apply, even after the complaint is filed. Simpler than most other insurance, there is no complicated claims adjustment or issues interpreting coverage or exclusionary language—the court's official ruling activates policy coverage.
The debate is on: Is the Federal Judicial Center’s patent tutorial video too pro-plaintiff?
Mock jury research at TrialGraphix qualitatively measured jurors’ top impressions after watching the Federal Jury Center’s patent tutorial video concludes that the video strongly improves juror’s understanding of patents, increases their awareness that patents can be invalidated, may have a slight pro-plaintiff/patentee bias, but significantly also educates jurors on key defense principles.
Did Bosch v. Pylon change the landscape for permanent injunctions?
Although the federal Circuit's Bosch v. Pylon decision eliminated the presumption of irreparable harm, it also affirmed the lack of a presumption against irreparable harm and weaved the exclusive right of a patentee into the injunctive relief analysis factors. Practical effects are discussed.
Hyperlinks not defamatory according to Supreme Court of Canada
The Supreme Court of Canada held hyperlinks to defamatory material is not “publication” of the material, but a neutral reference to the material’s existence without communicating or exerting control over the destination content, like a footnote. Crookes v. Newton, 2011 SCC 47. Freedom of expression and the information linking function of the Internet weighed against the application of a traditional publication rule.
Eclectic snippets from recent events. PTO warns of insolicitous solicitations; INTA launches teen ed UnrealCampaign.com; ND CA issues ESI Guidelines; FTC recommends truth telling; Academia IP; Ars Gratia Artis; EU; etc.
Short summaries and comments on recent IP cases, Government requests for comment, and other notices.
Presentation on the proposed amendments to the EU Data Privacy Directive
The CONSENT project is a multi-year, multi-million dollar research project, funded by the European Union, to conduct empirical research on consumer privacy issues in Europe. Ultimately, the research findings should feed into the EU's evaluation of proposed amendments to the 1995 EU Data Privacy Directive. Eric Goldman summarizes and comments on the project participants' meeting in Romania.
News updates regarding the U.S. Patent & Trademark Office.
Recap of the Fourth Trademark Scholars Roundtable at DePaul University
The fourth Trademark scholars Roundtable discussed trademark boundaries at its DePaul University meeting: how trademark law abuts other legal doctrines such as copyright, patent, publicity, and legally unregulated areas. Summary of discussion and Eric Goldman's neo-classical economical perspective.
TTAB writes VILLAGE PEOPLE (singers of famed Y-M-C-A aerobic song) not generic; John Welch sings T-T-A-B.
Trademark scam warning
Be aware that private companies not associated with the United States Patent and Trademark Office often use trademark application and registration information from the USPTO’s databases to mail or e-mail trademark-related solicitations.