News & Insight

Intellectual Property Law: Patent Trolls, The Intellectual Property Predators Trying to Take a Bite Out of Your Business

April 2, 2013

Stand guard against patent owners who acquire patents, and attempt to enforce them, for the sole purpose of extracting fees. You are not defenseless. A patent troll is usually a person or entity, often called a non-practicing business entity (NPE)

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Intellectual Property Law: The bell has not yet tolled for permanent injunctions in patent cases

January 29, 2013

On January 10, 2013, the United States District Court, N.D. California, San Jose Division entered a permanent injunction against a patent-infringing defendant in BROCADE COMMUNICATIONS SYSTEMS, INC. v. A10 NETWORKS, INC., Dist. Court, ND California 2013 – Google Scholar. The ruling

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Federal Appeals Court Clarifies Deadline for Challenging the List of Inventors Identified on a Patent

November 20, 2012

The Court of Appeals for the Federal Circuit, which is the appellate court that has the final say on all patent issues, recently resolved a dispute among courts about how long a person has to assert an inventorship challenge to

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Fold me once shame on me – asserting a future intent to enforce a patent if issued is not wrongful

November 16, 2012

In Continental Datalabel, Inc. v. Avery Denison Corp, 09 C 5980 (U.S. D. N.D. Ill 2012) the 7th Circuit considered numerous legal issues arising from a war between two companies that manufacture sticky labels.  Despite the increasing use of electronic

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Apple Denied Trademark on iTunes Icon Due to MySpace Trademark

November 9, 2012

In a recent ruling, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office denied Apple a trademark on its iTunes musical note icon.  Trademark judges said that consumers might confuse the orange Apple icon with

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Verizon subscribers safe after patent close call, will cost them in the long run

September 2, 2012

In ACTIVEVIDEO NETWORKS, INC. v. VERIZON COMMUNICATIONS, INC., case available here Verizon mostly lost its appeal after a jury awarded the plaintiff substantial damages related to infringement of patents plaintiff held on video on demand services. The trial court also

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Beware of the inducement bogeyman

September 1, 2012

In AKAMAI TECHNOLOGIES, INC. v. LIMELIGHT NETWORKS, INC. (Fed Cir. August 31, 2012) the en banc court held that a person can be liable for inducement to infringe even if the direct infringement is only found by combining the acts

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Recent court decision in Oracle v Google raises serious copyright questions in certain types of software

June 5, 2012

In a decision in the Oracle v Google case, the court held that APIs – application program interfaces – small amounts of human readable source code, are not sufficiently original to qualify as copyrights.  This decision can impact API licenses,

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From the patenting-the-internet-is-not-a-good-idea department – Ultramercial decision goes back to the CAFC

May 28, 2012

We have all seen them – the short clips of video advertising we must watch before we are granted access to some other video content.  A company known as Ultramercial claims that the “idea” of putting that short advertising clip

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