ARE Patent Law Alert: Bilski: The Court Announces Machine or Transformation Test as “Governing†Test
The U.S. Court of Appeals for the Federal Circuit today issued its much awaited decision in In re Bilski, No. 2007-1130 (Fed. Cir. Oct. 30, 2008) (en banc). The majority opinion, authored by Chief Judge Michel and joined in by seven of the judges on the Court, seeks to return patent-eligible subject matter jurisprudence to […]
ARE Design Patent Law Alert: Amster, Rothstein & Ebenstein LLP Design Patent Alert
On September 22, 2008, the U.S. Court of Appeals for the Federal Circuit, reconsidered (and rejected) the test it had used since 1984 to determine whether a design patent is infringed in its unanimous en banc opinion in Egyptian Goddess v. Swisa, No. 2006-1562, slip op. (Fed. Cir. Sept. 22, 2008) (en banc). For over […]
ARE Trademark Law Alert:
Amster, Rothstein & Ebenstein Trademark Law Alert
Beginning in June 2008, a series of decisions regarding the duty to identify counterfeit sellers on eBay’s auction site began to issue in Courts throughout the World. First, on June 30, 2008, the Commercial Court of Paris in France handed down a decision in favor of LVMH and against e-Bay. Next, on July 14, 2008, […]
ARE Trademark Law Alert: Amster, Rothstein & Ebenstein Trademark Law Alert
Beginning in June 2008, a series of decisions regarding the duty to identify counterfeit sellers on eBay’s auction site began to issue in Courts throughout the World. First, on June 30, 2008, the Commercial Court of Paris in France handed down a decision in favor of LVMH and against e-Bay. Next, on July 14, 2008, […]