Search for: "Applied Information Sciences Corp"
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10 Jan, 2008 9:32 pm
2007 US App LEXIS 29871 (9th Cir 2007). Decided December 28, 2007 Ruling: A trademark registration is prima facie evidence of the validity of a trademark and whether defendant has used
the mark on the goods specified in the registration is irrelevant in establishing Plaintiff's protectable interest. If there is a protectable interest, the next question is whether
Defendant's use of the mark creates a likelihood of confusion. (more…)
30 Dec, 2007 12:13 pm
By Eric Goldman Applied Information Sciences
Corp. v. eBay, Inc., 2007 WL 4553999 (9th Cir. Dec. 28, 2007) This is not an earth-shattering case, ... computer software and instruction
manuals sold together which allow the user to retrieve information from on-line services via phone line in the fields of agriculture and
nutrition, books, ... and electronics, education, law, medicine and biosciences, news, science and technology, social sciences and
humanities." This sounds like some modem-based product. ...
16 Apr, 2008 10:52 am
... these options provides effective mitigation. It establishes ecologically-driven performance standards that use the best available science. The Corps and EPA expect the
program will promote better compliance. Under the rule, the Corps ... each of the categories of mitigation. For mitigation banks, the rule requires the banker to develop a
prospectus that provides information on the bank-where it is located, why the site is appropriate, why the mitigation will succeed, what the
service area will be, ...
16 Apr, 2008 5:52 pm
... these options provides effective mitigation. It establishes ecologically-driven performance standards that use the best available science. The Corps and EPA expect the
program will promote better compliance. Under the rule, the Corps ... each of the categories of mitigation. For mitigation banks, the rule requires the banker to develop a
prospectus that provides information on the bank-where it is located, why the site is appropriate, why the mitigation will succeed, what the
service area will be, ...
29 Aug, 2008 1:00 pm
... , is becoming harder to disseminate. Scholars have noted that accelerating commercialization of downstream inventions has undermined informal sharing norms for unpublished
data.11 At the same time, technological advances have caused "fundamental shifts in ... norms related to data sharing.14 As a result, the science commons has not benefited from
the Internet-enabled efficiency gains which have brought about tremendous advances in the applied technology and commercial spheres such as
those attained ...
16 Aug, 2007 7:20 am
... 's sales representatives or ignore them? Those are the kinds of information we really like to know from prescribers - how they judge the
science; how they judge the drug; and how they judge the ... we should have the same right. Whatever rules the plaintiffs get to play by should apply to us as well. What's
sauce for the goose should be sauce for the gander. For as long as we've ... 3 (S.D. Ind. July 25, 2005); Eve v. Sandoz Pharmaceuticals Corp.,
2002 WL 32153352, at *2 (S.D. Ind. May 16, 2002); Shots ...
19 Sep, 2008 12:05 pm
... governmental entity (i.e, ECMCC) and its patently governmental activities. Regarding the Freedom of Information Law, Justice NeMoyer stated
that: "The Legislature enacted FOIL to provide the public with a means ... Matter of Alderson v New York State Coll. Of Agric. & Life Sciences at Cornell Univ., 4 NY3d 225, 230 [2005] [internal quote marks ... well be subject to FOIL"]). In Buffalo News, Inc. v Buffalo Enterprise Dev.
Corp. (84 NY2d 488, supra), the Court of Appeals held a nominally private, not ...
3 Jan, 2008 9:23 am
By James Kachmar On December 28, 2007, the Ninth Circuit issued its opinion in the case titled Applied Information Sciences Corp. v. eBay, Inc., in which it clarified the
plaintiff's burden in a federally registered trademark infringement ... use of that mark on "computer software and instruction manuals sold together which allow the user to retrieve
information from on-line services via phone line in the fields of agriculture and nutrition, books, chemistry, computers and electronics,
education, ...
19 Feb, 2008 8:17 am
... a district court decision awarding summary judgment to defendant eBay, Inc. ("eBay") in a trademark infringement action brought by Applied
Information Sciences Corp ("AIS"). AIS secured a trademark
in 1998 for the phrase "SmartSearch" for use on "computer software and instruction manuals sold together which allow the user to retrieve information from on-line services via phone line in the fields of agriculture and nutrition, books, chemistry, computers and electronics, ...
29 Dec, 2007 9:33 pm
... or services that are different than those specified in the owner's trademark registration. Applied Information Sciences Corp. owns the registered trademark SMARTSEARCH for
certain computer-related functions, ... 'computer software and instruction manuals sold together' that allow users to retrieve information
online. Whether or not eBay ever used the SmartSearch mark in connection with goods ... Information Sciences Corp. v. eBay, Inc., Nos. 05-56123 and 05-56549, __ F.3d __, 2007 WL 4553999 (9th Cir. ...
5 Jan, 2008 6:00 am
... - Apple settles video-on-demand patent dispute with Intertainer Inc.: (IP Law360), Crater Corp - For the third time, a judge has axed the
trade secrets claims in Crater Corp.' ... of confusion analysis is not limited to the goods or services for which mark was registered in
Applied Information Sciences v eBay: (IP Law Observer),
Global Patent Holdings - GPH ... Brooks), Parallel Networks - PN is suing Netflix Inc., E*Trade Financial Corp. and John Wiley & Sons Inc.,
accusing them of infringing two ...
20 Feb, 2008 9:20 am
... should decide whether "grounds … exist at law or in equity" to invalidate an arbitration agreement. In Prima Paint Corp. v. Flood &
Conklin Mfg. Co., 388 U. S. 395 , which ... v. Interstate/Johnson Lane Corp., 500 U. S. 20 . Pp. 10-12. (d) Ferrer's reliance on Volt
Information Sciences, Inc. v. Board of Trustees ... read the choice-of-law clause "to encompass
substantive principles that New York courts would apply, but not to include [New York's] special rules limiting [arbitrators'] authority." ...
23 Aug 8:32 am
... trial courts explain the reasons for their rulings. This premise, though, would surely apply with equal force to any number of interlocutory rulings, such as why the court
impaneled ... similar circumstances would have to be, nor is it clear what a reviewing court should do with that information. For the Court's
rule to have meaning, the trial judge would likely need ... only been afforded on appeal from a final judgment. See Champion Int'l Corp., 762
S.W.2d at 899; Johnson v. Court of Civil Appeals ...
21 Sep 5:00 pm
... may lead to inefficiency in the form of multiple arbitration proceedings. See, e.g., Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U ... . But in the absence of a choice of law clause unambiguously providing that
state arbitration law applies, using state law as a gap filler could potentially fall afoul of the Federal ... maritime contract, federal maritime law applies along with
state contract law. See Stolt-Nielsen SA v. AnimalFeeds Int'l Corp., 435 F. Supp. ...
1 May, 2008 11:21 am
... 677-81 (M.D.N.C. 2003); Soldo v. Sandoz Pharmaceuticals Corp., 244 F. Supp.2d 434, 545-46 (W.D. Pa. ... Frye or Daubert. FN5. . . In
effect, [plaintiff's expert] worked backwards through the science, from the statistical results back to the original mere associations that led to the studies in the first place.
... 's compelling logic convinces us that the majority rule that that pioneer manufacturers owe no informational duties to users of generic drugs is likely to remain that way.
Just to make sure ...
15 Feb, 2008 9:00 am
... church Superbowl parties: (Techdirt), (Patry Copyright Blog), Harvard Arts and Sciences Faculty decides to allow open access to research:
(Techdirt), (Michael Geist), (Ars ... Supreme Court finds former employee Robert Martin's use of client information from memory violates
state's trade secret laws: (IP Updates), (Patent ... patents for managing customer and product information online: (IP Law360), (Patent
Prospector), Edwards Lifesciences -Edwards Lifesciences Corp. steps up patent infringement claims ...
27 Jun, 2008 10:04 am
... support in strengthening IP system: (WIPO) Netherlands Sunrise and grandfather periods apply during September for new .co.nl domain names: (Class 46) Poland ... IP Law360),
Expedia - Expedia, Match.com settle over patent related to displaying information on websites: (IP Law360), Facebook - District judge enforces
settlement agreement between ... Circuit applies Federal Circuit law in interpreting contract to assing patent rights: Los Angeles Biomedical Research Institute v White:
(Patently-O), LSI Corp ...
27 Feb 7:00 am
... in the Court of Appeal, but not as we know them...: Office of Communications v Information Commissioner (IPKat) IPO review of practice
before Patent Tribunal (PatLit) Employee inventor ... ': Kuhl Wheels v General Motors (Promote the Progress) CAFC denies Applied Medical
Corp's bid for a new trial following jury verdict of no infringement of ... and strategic steps Breathe California - Academy of Motion Picture
Arts and Sciences asks USPTO to revoke HACKADEMY AWARDS trade mark on grounds it may cause ...
9 Aug, 2008 1:50 am
... : The catalyst to deliver low carbon technologies': (IPKat), Cory Doctorow Cambridge business lecture on life in the information economy:
(The Fire of Genius), Openness is a winning business strategy: (Techdirt), Michael Geist's digital advocacy talk at ... ), Simultaneous invention can get patents tossed: (Techdirt),
Patent litigation booming, especially in electronics and life sciences, according to Kell Damsgaard of Morgan Lewis & Bockius: (Law360),
District Court for the Eastern District of ...
11 Sep 6:31 pm
... projections of profit for the infringing product. See TWM Mfg. Co. v. Dura Corp., 789 F.2d 895, 899 (Fed. Cir. 1986) (describing the
analytical ... 693,056.18. Creating a licensing agreement for patented technology is, at best, an inexact science. In actual licensing negotiations, willing parties negotiating
at arms-length do not necessarily ... way." Circumstantial evidence suffices to find infringement. The standard is low. An informative case is Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261 (Fed ...
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