The Federal Circuit Court of Appeals reversed a district court’s finding of summary judgment that an accused product did not infringe the patent at issue under the doctrine of equivalents. The Federal Circuit remanded the issue to be decided by the jury. To succeed under the doctrine of equivalents a patentee must establish infringement according […]
Archive for the 'News and Events' Category
PRL USA Holdings v US Polo Association
The Second Circuit Court of Appeals held in favor of Ralph Lauren in the ongoing battle with the U.S. Polo Association over Polo related trademarks. The Court found that the use of the double horsemen logo and “Polo” mark used by the U.S. Polo Association on a fragrance qualified as unfair competition. The Court’s order […]
Bowman v Monsanto
The U.S. Supreme Court heard oral arguments yesterday in the patent infringement case of Bowman v. Monsanto. The oral arguments can be found here. Bowman v. Monsanto- Oral Argument
Function Media v Google
The Court of Appeals for the Federal Circuit affirmed the need for corresponding structure to be set forth in the specification to support a means-plus-function claim in order to avoid indefiniteness. Function Media appealed the district court’s finding that a method claim was indefinite for lack of corresponding structure in the specification. The Federal Circuit […]
Agence France Presse v Morel
The United States Disctrict Court for the Southern District of New York granted summary judgement to a photographer, Morel, finding that Agence France Presse and The Washington Post were liable for copyright infringement for using without permission photos Morel had taken in the aftermath of the earthquake in Haiti and posted to Twitter. AFP and […]
Hall v Bed Bath Beyond
The Court of Appeals for the Federal Circuit overturned a district court’s decision that a plaintiff had failed to state a claim of infringement of a design patent and had not met the criteria for claim of unfair competition. The Federal Circuit, citing PhotoMetrics, Inc. v. Hospitality Franchise Systems, Inc., stated that a claim of patent […]
Capturing Value Intellectual Asset Management
Thomas McGurk gave a presentation entitled “Capturing Value Through Intellectual Asset Management” at the EUEC 2013 conference in Phoenix, AZ. The presentation was focused on the mechanics and benefits of establishing an intellectual asset management program. The EUEC 2013 conference provided an opportunity for those in the energy, utility and environmental industries to come together […]
Grant-Back Clause Your Technology License
Thomas McGurk recently authored an article on the impact of grant-back clauses in technology licenses in the context of process technologies in production plants. The article can be found at The Grant-Back Clause in Your Technology License.
Interdigital Communications v International Trade Commission
The Federal Circuit Court of Appeals issued an order on the question of whether a Non Practicing Entity’s licensing activity satisfied the “domestic activity” requirement of section 337 of the Tariff Act of 1930. The Court found that: Under the clear intent of Congress and the most natural reading of the 1988 amendment, section 337 […]
The C.W. Zumbial Company, Inc. v. Kappos and Graphic Packaging International, Inc.
The Federal Circuit Court of Appeals differed to the Board of Patent Appeals and Interferences (BPAI), which is now the Patent Trial and Appeal Board (PTAB), in its findings of obviousness and non-obviousness in regards to the claims of U.S. Pat. No. 6,715,639, assigned to Marrietta, Georgia-based Graphic Packaging International, Inc. The Federal Circuit found […]
