SEB v. Montgomery Ward: Extending the Reach of U.S. Patent Laws to Foreign Defendants—Developments in the Law of Direct Infringement and Inducement
Introduction The Federal Circuit’s recent decision in SEB S.A. v. Montgomery Ward & Co., Inc., Nos. 2009-1099, -1108, -1119, 2010 U.S. App. LEXIS 2454 (Fed. Cir. Feb. 5, 2010) (“SEB”) addresses a defendant’s liability for inducement as well as for direct infringement. It is significant in that it may expand the scope of infringement liability, […]
Federal Courts Closely Scrutinizing and Slashing Patent Damage Awards
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Waiting for Bilski
Law360, New York (February 01, 2010) — On Nov. 9, 2009, the U.S. Supreme Court heard oral arguments in Bilski v. Kappos on the issue of what should be the scope of patent-eligible subject matter. While the Supreme Court has not yet issued its decision, many believe the court is likely to be critical of […]
Mattress.com Mark Upheld as Generic
In re 1800Mattress.com IP, LLC (substituted for Dial-A-Mattress Operating Corp.), 586 F.3d 1359 US Court of Appeals for the Federal Circuit, 6 November 2009 Abstract The refusal of the US TTAB to register Mattress.com as a trade mark was upheld on the ground that the mark was generic. Legal context Many businesses have obtained domain […]
Summary Judgment on Violation of NDA Barred by Material Facts in Dispute
Kara Tech. Inc. v Stamps.com, Inc., No. 2009-1027, -1028, US Court of Appeals for the Federal Circuit, __ F.3d __, 24 September 2009 Abstract Material disputed facts regarding timing of discovery of breach and post-agreement public disclosure preclude summary judgment that the terms of a non-disclosure agreement (NDA) were not breached. Legal context Many individual […]
Failure to Plead Originality of Copyright Design is Fatal to Complaint
LA Printex Industries, Inc. v Forever 21 Inc., No. 09-3382, US District Court for the Central District of California, 27 October 2009. Abstract A copyright infringement claim must plead the originality of the plaintiff’s work if it is to state a cause of action. Legal context Copyright, as the name implies, provides the owner of […]
Federal Circuit Reminds US BPAI of Fundamentals
In re Skvorecz, No. 2008-1221, US Court of Appeals for the Federal Circuit, 580 F.3d 1262, 3 September 2009 Abstract This case concerned rejection of patent claims by US BPAI based on patent law fundamentals. Legal context Most cases presented to the US Court of Appeals for the Federal Circuit involve complex areas of law […]
Joint Authorship of Doo-Wop Song Found Based on Disputed 10 Percent Contribution to Lyrics
Janky v Lake County Convention and Visitors Bureau, Nos 07-2350, 07-2762, and 08-1606, 576 F.3d 356 US Court of Appeals for the Seventh Circuit, 3 August 2009 Abstract Joint ownership of copyright was found where an author’s contributions to a song contributed to its commercial viability. Legal context Under US copyright law, ‘[t]he authors of […]
How The “Machine-Or-Transformation†Test In Bilski Is Failing
In 1998, the United States Court of Appeals for the Federal Circuit had the foresight to recognise that the revolution in information technology and availability of the internet would radically change the way that the world does business, and that US patent law would need to adapt to this new technological and commercial reality by […]
Sloppy Dismissal Orders Lead to Confusion
Garber v Chicago Mercantile Exchange, Nos. 2009-1047,-1384, 2009 US App. LEXIS 13825, US Court of Appeals for the Federal Circuit, 26 June 2009 Stipulation of dismissal ‘Without Prejudice’ terminates cases and trumps later court ordered dismissal ‘With Prejudice’. Legal context US litigations can be voluntarily terminated in various ways: The plaintiff may file a notice […]