Intellectual Property Law

Federal Circuit?s Candor In Addressing Materiality Standard For Inequitable Conduct

Posted on February 15, 2006
After 15 years of admittedly avoiding the issue, the Federal Circuit last week addressed the question of the materiality standard for a misstatement or omission to the PTO when prosecuting a patent application. At issue was whether the old standard ? whether a reasonable examiner would have considered such prior art important in deciding to allow the application ? was...

AT&T Flexes MPEG Patent Muscles

Posted on February 14, 2006
According to reports, communications giant AT&T has advised several high tech companies, including Apple Computer, CyberLink, DivX and InterVideo, that their products infringe patents owned by AT&T that cover key video compression technology. The patents relate to MPEG-4 technology, which consists of various audio and video coding standards...

Are Specialized ??Rocket Docket? Patent Judges The Way To Go?

Posted on February 09, 2006
Congressman Darrell Issa, (R-Ca.) has announced his intention to introduce a bill establishing a five-year pilot program creating specialized patent judges within two district courts, creating in effect a ?rocket docket? patent court within the structure of existing district courts...

Google Reveals A Cache Of Defenses To Copyright Claims

Posted on February 07, 2006
In an intriguing ruling on the application of copyright principles to internet search engines, a district court in Nevada has ruled that Google is not liable for copyright infringement for allowing internet users to access copies of works stored by Google in an online repository...

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PTO?s ?Non-Final? Rejections Could Have Permanent Implications for the BlackBerry Lawsuit

Posted on February 02, 2006
We?ve been keeping you posted on the latest in the BlackBerry/NTP patent infringement litigation. Relevant to this litigation is the U.S. Patent and Trademark Office?s recent issuance of a ?non-final? rejection of a fifth patent at issue in NTP?s legal battles against RIM...

Whither The RIM Litigation

Posted on January 31, 2006
The seemingly never-ending high stakes litigation between Research-In-Motion (?RIM?), the Canadian maker of BlackBerry devices, and NTP rolls on. To briefly recap: NTP obtained a jury verdict in its favor that RIM infringes several of NTP?s patents that claim a system apparently used by RIM as part of its wireless Internet service for BlackBerries...

AIPLA?s New Model Jury Instructions For Patent Cases

Posted on January 31, 2006
It?s a busy week here at the full-service IP Blawg, so today?s post merely brings you a useful link to the newly revised Model Patent Jury Instructions, courtesy of the American Intellectual Property Law Association. While no substitute for independent research based on the facts of any particular case, they?re certainly a useful starting point...

Senate Steps In Where Angels Fear to Tread?

Posted on January 27, 2006
Concern over the growing threat of readily accessible digital television content has Congress poised to jump into the fray with legislation to catch up to the rapidly developing technology. The advent of digital television recorders has made it much easier for consumers to record their favorite content in a manner that lends itself to ready re-distribution...

What?s Wrong With Using Copyright to Protect Computer Software? Nothing.

Posted on January 26, 2006
Should copyright laws apply to protect computer software? Since the 1960s, the answer is, yes. And in a January 6, 2006, ruling by United States District Court Judge, Marilyn Patel of the Northern District of California, in Aharonian v. Ashcroft, the answer remains, yes...

Are we headed toward a BlackBerry-less future?

Posted on January 26, 2006
We've been keeping you posted on the ongoing patent infringement dispute between Blackberry and NTP. On Monday, the Supreme Court rejected BlackBerry maker Research in Motion Ltd.?s petition for a rehearing of its patent infringement case. With this rejection, RIM is facing the possible court-ordered shutdown of most of its BlackBerry email devices...

Government To Get Google?s Trade Secrets?

Posted on January 21, 2006
Internet search company Google has refused to hand over potentially millions of search engine records in response to a government subpoena seeking the information as justification for its fight against online child pornographers. Highlighting the all-important perception of internet privacy, the significance of Google?s search engine trade secrets and the value of online databases to the government, Google is now...

Suits Fail To Stem Illegal Downloads

Posted on January 18, 2006
Amid reports of steadily declining CD sales, the music industry has adopted the controversial strategy of suing customers who it contends illegally download music files for copyright infringement. The industry has also attempted to shut down the web sites of the providers of downloadable files, claiming a significant victory with the Supreme Court?s Grokster ruling that providers can be liable...

Dark-Roasted Charbucks Grinds Starbucks Trademark Claims To A Halt

Posted on January 13, 2006
A New Hampshire coffee roaster has prevailed in a trademark infringement case brought by Starbucks, where Starbucks alleged that the Black Bear Micro Roastery?s ?Charbucks? dark coffee constituted trademark infringement, unfair competition and dilution of the Starbucks trademark...

More on Geographical Indications: Some Cheese With Your Wine?

Posted on January 12, 2006
As previously reported, the United States and the European Union signed an interim agreement regarding the acceptance of each other's wine making practices as well as the recognition of each other's geographical indications for wine. As a follow-up to that interim agreement, it appears the EU has now agreed to simplify its registration procedures for foreign agricultural products after a...

FTC v. Schering-Plough: Will The Supreme Court Consider Antitrust Issues In ?Authorized Generics Agreements??

Posted on January 11, 2006
Will the Supreme Court hear the Federal Trade Commission?s antitrust case brought against Schering Plough, claiming that the drug company?s authorized generics agreement violates unfair competition laws? ?Authorized generic? agreements are licenses from a brand drug maker to a generic firm, allowing the maker of an authorized equivalent drug to market that drug during another generic firm?s 180-day marketing exclusivity...

Registration of LAWYERS.COM Trademark Denied

Posted on January 10, 2006
As evidence that the term ?lawyers? is generic, at least from a trademark perspective, the Trademark Trial and Appeal Board (?TTAB?) recently affirmed the Trademark Office?s refusal to register the mark LAWYERS.COM on the ground that the mark is generic and thus not eligible for registration...

Sony Seeks To Settle

Posted on January 09, 2006
Following up on our November 15 post about Sony?s public relations and legal woes connected to the ?root kit? software built into certain of its music CDs, we?ve learned that Sony is seeking to settle one of the class action lawsuits brought against it...

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