ARE Patent Litigation Alert:
Federal Circuit Affirms Dismissal of Another False Marking Case and Clarifies Meaning of “Patented Article”

On April 29, 2011, the U.S. Court of Appeals for the Federal Circuit issued another decision further clarifying the law on false patent marking under 35 U.S.C. § 292. In Stauffer v Brooks Brothers, Inc., 619 F.3d 1321 (Fed. Cir. 2010) and Charles R. Macedo, ‘ANY’ Person Has Standing for False Marking Claim in Use, J. […]

ARE Copyright Litigation Alert:Southern District Judge Rejects Google Books Amended Settlement Agreement

On March 22, 2011, Judge Chin of the U.S. District Court for the Southern District of New York rejected the proposed Amended Settlement Agreement (“ASA”) in the class action copyright infringement suit brought by The Authors Guild, et al. against Google, Inc. The settlement was rejected on the basis that it is not fair, adequate […]

ARE Patent Litigation Alert:
Federal Circuit Takes On Divided Infringement Issue

On April 20, 2011, the U.S. Court of Appeals for the Federal Circuit granted a petition for rehearing en banc in Akamai Technologies., Inc. v. Limelight Networks, Inc., No. 2009-1372, -1380 , -1416, -1417, 2011 U.S. App. LEXIS 8167, at *2 (Fed. Cir. Apr. 20, 2011) to address the question: If separate entities each perform […]

Second Circuit Confirms Insurance Company Did Not Have Duty To Defend Action Based on Intellectual Property – Related Claims Under Personal Injury and Advertising Injury Clauses

Click here to view Case Note.

ARE Copyright Litigation Alert:
Southern District Judge Rejects Google Books Amended Settlement Agreement

On March 22, 2011, Judge Chin of the U.S. District Court for the Southern District of New York rejected the proposed Amended Settlement Agreement (“ASA”) in the class action copyright infringement suit brought by The Authors Guild, et al. against Google, Inc. The settlement was rejected on the basis that it is not fair, adequate […]

ARE Patent Law Alert:
Federal Circuit Holds That False Marking Must Be Pled With Particularity Under Fed. R. Civ. P. Rule 9(b)

Click

ARE Patent Law Alert: U.S. Patent and Trademark Office Publishes Supplementary Guidelines For Determining Compliance With 35 U.S.C. 112

(February 10, 2011) On February 9, 2011, the U.S. Patent and Trademark Office (“PTO”) published Supplementary Examination Guidelines (“The Guidelines”) for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 Fed. Reg. 7162 (February 9, 2011). The PTO’s guidelines reflect its understanding of existing law, as well as […]

ARE Patent Law Alert:
Ohio District Court Finds False Marking Statute To Be Unconstitutional

(February 24, 2011) On February 23, 2011, Judge Polster of the U.S. District Court for the Northern District of Ohio ruled that the so-called qui tam provision of the False Marking Statute, 35 U.S.C. § 292(b), which allows “any person” to prosecute a false marking claim on behalf of the federal government, was unconstitutional. Unique […]

ARE Patent Litigation Alert: Centillion v. Qwest Communications: Federal Circuit Held That “Use” of a System Means Use as a Whole and the User Must Derive Benefit From It

(January 31, 2011) In Centillion Data Systems, LLC v. Qwest Communications Int’l, Inc., 2010-1110 (Fed. Cir. January 20, 2011), the Federal Circuit addressed the issue of what constitutes “use” of a system under 35 U.S.C. § 271(a), in what the panel recognized to be a case of first impression for the court. Centillion interpreted the […]

ARE Patent Law Alert:
U.S. Patent and Trademark Office Publishes Supplementary Guidelines For Determining Compliance With 35 U.S.C. 112

(February 10, 2011) On February 9, 2011, the U.S. Patent and Trademark Office (“PTO”) published Supplementary Examination Guidelines (“The Guidelines”) for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 Fed. Reg. 7162 (February 9, 2011). The PTO’s guidelines reflect its understanding of existing law, as well as […]