Wrongful Assault of the Trademark System
An electronic version of this article is not available at this time. – Columbia Business Law Review, No. 1 Volume
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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 […]
The Control Over the De-Identification of Data
An electronic version of this article is not available at this time. – Cardozo Arts and Entertainment Law Journal, 21, 195-228
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Uniloc USA v. Microsoft: Federal Circuit Held the 25% Rule of Thumb By Damages Expert is a Fundamentally Flawed Tool for Determining a Baseline Royalty Rate In Patent Damages Analysis
On January 4, 2011, the U.S. Court of Appeals for the Federal Circuit held in Uniloc USA Inc. et al. v. Microsoft Corp. et al., 2010-1035 (Fed. Cir. January 4, 2011) that the 25% “rule of thumb” often used by patent damages experts is a fundamentally flawed tool for determining a baseline royalty rate in […]
ARE Patent Litigation Alert: Uniloc USA v. Microsoft: Federal Circuit Held the 25% Rule of Thumb By Damages Expert is a Fundamentally Flawed Tool for Determining a Baseline Royalty Rate In Patent Damages Analysis
On January 4, 2011, the U.S. Court of Appeals for the Federal Circuit held in Uniloc USA Inc. et al. v. Microsoft Corp. et al., 2010-1035 (Fed. Cir. January 4, 2011) that the 25% “rule of thumb” often used by patent damages experts is a fundamentally flawed tool for determining a baseline royalty rate in […]
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In a Precedental Decision, TTAB Accepts Appeal on the Section 2(d) Refusal of Trademark Application
(December 20, 2010) An important TTAB precedental decision was rendered on September 23, 2010, discussing factors of the In re E.I.Dupont de Nemours & Co., Inc., 476 F.2d 1357 (C.C.P.A. 1973), pertaining to determination of likelihood of confusion at the examination stage. Typically, a USPTO Examining Attorney or a trademark practitioner would refer in the […]
ARE Trademark Law Alert: In a Precedental Decision, TTAB Accepts Appeal on the Section 2(d) Refusal of Trademark Application
(December 20, 2010) An important TTAB precedental decision was rendered on September 23, 2010, discussing factors of the In re E.I.Dupont de Nemours & Co., Inc., 476 F.2d 1357 (C.C.P.A. 1973), pertaining to determination of likelihood of confusion at the examination stage. Typically, a USPTO Examining Attorney or a trademark practitioner would refer in the […]
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Federal Circuit Turns Its Attention to Natural Phenomena Under 35 U.S.C. § 101
On December 17, 2010, the U.S. Court of Appeals for the Federal Circuit issued an Opinion and Order confirming the patent-eligibility of claims directed to methods used in treating gastrointestinal and non-gastrointestinal autoimmune diseases in Prometheus Laboratories, Inc. v. Mayo Collaborative Services, No. 2008-1403 (Fed. Cir. Dec. 17, 2010). The district court in Prometheus granted […]
ARE Patent Litigation Alert: Federal Circuit Turns Its Attention to Natural Phenomena Under 35 U.S.C. § 101
On December 17, 2010, the U.S. Court of Appeals for the Federal Circuit issued an Opinion and Order confirming the patent-eligibility of claims directed to methods used in treating gastrointestinal and non-gastrointestinal autoimmune diseases in Prometheus Laboratories, Inc. v. Mayo Collaborative Services, No. 2008-1403 (Fed. Cir. Dec. 17, 2010). The district court in Prometheus granted […]
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Disappointingly: The Supreme Court Does Not Decide Whether Foreign Sale Exhausts Copyrights
(December 14, 2010) Based on a 4-4 split vote, the Supreme Court has affirmed without any opinion in Costco Wholesale Corp. v. Omega, S.A., Docket No. 08-1423 (2010). The issue which was placed before the Court was whether an authorized foreign sale of a product exhausted applicable U.S. copyrights. This affirmance without opinion leaves the […]