In The Press:Judge Rules K-C Absorbent Fiber Patents Invalid
Click here to download the article. Law360, New York (March 2, 2011) — A federal judge in Pennsylvania on Tuesday handed a victory to First Quality Baby Products LLC and its affiliates, ruling that two Kimberly-Clark Worldwide Inc. patents for absorbent materials were invalid for indefiniteness. Judge William W. Caldwell granted First Quality’s motion for […]
‘Abstract Idea’ Exception to Patent-Eligible Subject Matter Clarified
Research Corporation Technologies, Inc. v Microsoft Corporation, 627 F.3d 859, US Court of Appeals for the Federal Circuit, 8 December 2010 ‘(RCT II)’ AbstractThe US Federal Circuit recognizes the broad reach of patent-eligible subject matter and narrow scope of the ‘abstract idea’ exception under 35 USC §101. Legal context Over the past few years, culminating […]
In The Press:K-C Diaper Patent Injunction Challenged In Fed. Circ.
Law360, New York (February 11, 2011) — First Quality Baby Products LLC tried to convince the Federal Circuit on Friday that a preliminary injunction on one of its diaper products stemming from a patent infringement case brought by Kimberly-Clark Worldwide Inc. was unwarranted. First Quality attorney Kenneth George told the three-judge panel that the record can’t […]
Requirements for Patentable Subject Matter in Biotechnological Inventions in the European Community and in the United States
An electronic version of this article is not available at this time. – Bright Ideas (IP Law Section, New York State Bar Assoc.) 7(3): 19-25
Personal Jurisdiction and the Improper Service of Process
Nuance Communications, Inc. v Abbyy Software House, No. 2010-1100, US Court of Appeals for the Federal Circuit, 2010 US App. LEXIS 23419, 12 November 2010 (Nuance II) Abstract Under California’s Long-Arm Statute, a US District Court erroneously dismissed patent infringement claim against a Cyprus parent corporation and its Russian affiliate for lack of personal jurisdiction […]
In The Press:Inside Counsel Turns to Partner Charles R. Macedo for Insight on TiVO v. Echostar Case
Click here to view the article. “Defendants don’t get to have the same presumptions and defenses. There’s no jury trial. There’s no Markman hearing. It’s a shortcut proceeding. You have one streamlined hearing, then an issuance,” says Charles Macedo, a partner at Amster, Rothstein & Ebenstein and author of “The Corporate Insider’s Guide to U.S. […]
In The Press:Patent Law Pending
Patent Law Pending Joe Palazzolo Monday, February 25, 2008 The U.S. Court of Appeals for the Federal Circuit redefined the margins of patent eligibility in State Street Bank & Trust Co. v. Signature Financial Group Inc. in 1998. The effect was to boost patent protection for business methods, such as financial models, contract provisions, insurance […]
Chippendales’ ‘Cuffs & Collar’ Mark Not Inherently Distinctive
In re Chippendales USA, Inc., No. 2009-1370, 2010 US App. LEXIS 20421, US Court of Appeals for the Federal Circuit, 1 October 2010. Abstract The US Patent and Trademark Office’s refusal to register Chippendales’ ‘Cuffs & Collar’ mark is affirmed by the Federal Circuit because the mark is not inherently distinctive in view of Playboy’s […]
Time to join forces? Co-branding Considerations for Trademark Owners
Click here to downlaod the article. – World Trademark Review, December/January 2011
Infringement and Assembly Abroad
An electronic version of this article is not available at this time. – 47 St. Johns L.Rev. 662