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29 Jun 2009, 1:00 am
(ITC 337 Law Blog) US Patents – Decisions CAFC: Effect of a stipulated dismissal: Garber v Chicago Mercantile Exchange and the Chicago Board of Trade (Patently-O) BPAI speaks on ‘transformation’ prong: Ex Parte Hardwick (12:01 Tuesday) ITC issues final determination of s 337 violation in investigation based on complaint lodged by Samsung against Sharp concerning LCD devices (ITC 337 Law Blog) ITC decides not to review enforcement initial determination that… [read post]
21 Jun 2009, 10:00 pm
(ITC 337 Law Blog) Academic perspectives on issues raised in Bilski case (IP Osgoode) Star Scientific teaches a valuable lesson to all IP share investors (IAM) US Patents – Decisions CAFC: Appealing BPAI rejections to the Federal Circuit: In re Baggett (nonprecedential) (Patently-O) CAFC: Preliminary injunctions and obviousness in design patent law: Titan Tire Corp v Case New Holland, Inc (Patently-O) District Court N D Illinois: Post-filing assignment cannot create standing:… [read post]
25 May 2009, 5:20 pm
(The IP Factor) Israel Patent Office practice regarding legal expenses in oppositions (The IP Factor)   New Zealand New Zealand launches second ACTA consultation (Michael Geist)   United Kingdom EWHC request for summary judgment denied - OHIM-IPO class heading conflict case: Daimler v Sany (IPKat)   United States US General Trade secret litigation on the rise against laid off employees (Silicon Valley IP Licensing Law Blog) Seeking and justifying attorney fee awards may be… [read post]
21 May 2009, 2:20 pm
.), 722 F.2d 1063, 1071 (2d Cir.1983).Motorola, Inc. v. [read post]
30 Apr 2009, 8:31 pm
  The latest pronouncement from the Second Circuit on whether 363 sales are disguised "sub rosa" plans came in Motorola, Inc. v. [read post]
9 Apr 2009, 9:27 am
(IP finance)   United States US General Obama Administration asked for ‘balance’ in intellectual property appointments (Public Knowledge) (Ars Technica) (Media Wonk) (EFF) (Law360) (Intellectual Property Watch) Identity of new USPTO Director may soon be revealed (IAM) The case against PACER: tearing down the courts’ paywall (Ars Technica)   US General – Lawsuits and strategic steps Liner Grode Stein Yankelevitz Sunshine Regenstrief &… [read post]
2 Apr 2009, 1:40 am
DISTRICT COURTEASTERN DISTRICT OF NEW YORKIntellectual Property'Extraordinary' Stay of Motorola's Infringement Suit Pending Criminal Action's Conclusion DeniedMotorola Inc. v. [read post]
20 Mar 2009, 7:00 am
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com]   Highlights this week included: WIPO review of UDRP disputes - record number of complaints handled by WIPO in 2008 (WIPO) (Out-Law) (Michael Geist) (Managing Intellectual Property) (Class 46) (Intellectual Property Watch) (Law360) Goverment outlines new creative industries’ Digital Rights Agency proposed in Digital Britain report (Out-Law) (IP finance) (Intellectual… [read post]
6 Mar 2009, 3:00 pm
The viability of misappropriation had also been affirmed ten years earlier in National Basketball Association v Motorola, Inc., 105 F3d 841, 845 (2d Cir. 1997), which applied a five-part test: 1. [read post]
In
1 Mar 2009, 7:38 am
Motorola, Inc., 105 F.3d 841 (2d Cir. 1997) the court found:under New York law, a valid, non-preempted claim for misappropriation arises when:(i) a plaintiff generates or gathers information at a cost; (ii) the information is time-sensitive; (iii) a defendant's use of the information constitutes free riding on the plaintiff's efforts; (iv) the defendant is in direct competition with a product or service offered by the plaintiffs; and (v) the ability of other parties to… [read post]
13 Feb 2009, 7:00 am
– CTIA’s opposition to DMCA exemptions proposed by EFF and Wireless Alliance (EFF)   US Copyright – Decisions Court of Appeals 2nd Circuit upholds ruling finding editor of 2600 magazine violated anti-trafficking provision of the DMCA by linking to DeCSS hosting sites (Media Wonk)   US Copyright – Lawsuits and strategic steps Amazon – Authors’ Guild asserts Amazon’s Kindle device that reads book you have purchased… [read post]
30 Jan 2009, 6:00 pm
(Ars Technica) Battle between software patents and open source (IP Watchdog)   US Patents – Decisions District Court E D Texas: Jury finds in favour of Limelight on ongoing battle with Level 3 Communication over patents covering internet content delivery network technology (Law360) USPTO overturns patent for virtual subdomains filed by Ideaflood (Ars Technica)   US Patents – Lawsuits and strategic steps Bilski - Bilski petitions the Supreme Court to decide… [read post]