Intellectual Property Law

Fed. Circuit: Incorporating in Delaware Doesn’t Force a Company to Defend a Federal Suit There

Granting a writ of mandamus, a federal appellate court has rejected the notion that incorporating in Delaware is a controlling factor in determining whether a company must defend a lawsuit there. And, finding that a district court judge abused her discretion by holding otherwise, the appellate panel directed that a…

Dec 5, 2011 8:21 PM CST

Unhappy Patient Sues When Dentist Seeks to Enforce Contract Banning Bad Reviews

A dental patient unhappy with a bill totaling nearly $4,800 is suing to overturn a contract he signed banning him from criticizing his dentist. Public Citizen filed suit on behalf of Robert Lee, who now lives in Huntingtown, Md., according to Ars Technica’s Law & Disorder blog, the New York…

Dec 1, 2011 2:53 PM CST

Taking the Pledge: Venture Capitalist Pushes Software Patent Pledge to Protect Small Companies

Doctors are asked to take the Hippocratic oath. So why not ask players in the highly litigious high-tech sector to take a similar vow? That’s the thinking behind influential Silicon Valley venture capitalist Paul Graham, who is asking established technology companies to commit to their own version of the Hippocratic…

Dec 1, 2011 10:10 AM CST

A New Mother of Invention: After Years of Setbacks, Patent Reform Finally Makes It Through

It was a long time coming. But after six years of struggle and stalemate on Capitol Hill, patent reform finally made it through Congress. The America Invents Act, which President Barack Obama signed into law Sept. 16, dramatically alters the nation’s patent system. Among its legislative changes, the statute: adopts…

Dec 1, 2011 9:39 AM CST

Patents and Patients: Personalized Medicine Is at the Heart of High Court Case

Patents, the laws of nature and health care costs—as well as the question of whether a patent was infringed because a doctor kept key medical information in her memory—all come together before the U.S. Supreme Court this month. But the case of Mayo Collaborative Services v. Prometheus Laboratories Inc. has…

Dec 1, 2011 9:30 AM CST

Doc Defender: He’s the Fair-Use Guru of Nonfiction Movies

Documentary filmmakers use thousands of images, trademarks and other intellectual property in their creations, often targeting for criticism the people or corporations that are the lawful owners of the material being used. So when threatening letters arrive at filmmakers’ offices, they often send an SOS to Los Angeles attorney Michael…

Dec 1, 2011 9:10 AM CST

Pick a Side: In Brand-Name vs. Generic Drug War, Firms Must Choose

Adam Mortara (left), who represents Big Pharma, grapples with the likes of Richard Ruzich, who represents generics. Photo by Saverio Truglia. While conflict checks and client waivers are a way of life at large multipractice law firms, asking for a waiver from a pharmaceutical client could make you persona non…

Dec 1, 2011 8:40 AM CST

Artist Defends His ‘Eat More Kale’ Shirts Against Chick-fil-A Trademark Objections

A Vermont folk artist who promotes local agriculture with the advice “eat more kale” on T-shirts and sweatshirts is fighting a demand by Chick-fil-A that he stop using the phrase. Bo Muller-Moore says he has twice heard from Chick-fil-A, which holds the trademark to the phrase “eat mor chikin,” the…

Nov 29, 2011 2:54 PM CST

On Cyber Monday, Feds Seized Domain Names of 150 Websites Accused of Selling Knockoff Goods

The federal government seized the domain names of 150 websites on Cyber Monday in an effort to fight the sale of counterfeit goods. Before the seizure, law enforcement officers bought knockoff products such as sports jerseys and shoes as part of the undercover sting called “In Our Sites,” according to…

Nov 29, 2011 2:27 PM CST

Tootsie Roll Sues Footzyroll, Claims Likelihood of Confusion Between Candy Bar and Soft Shoe Brand

At first glance, a soft, roll-up slipper might not seem likely to be confused with a famous candy bar brand. But the Footzyrolls made by Rollashoes not only free-ride on the more than 100-year-old Tootsie Roll Industries name but might well be thought to be an affiliated product, contends a…

Nov 21, 2011 9:44 PM CST

Boxer Floyd Mayweather Sanctioned for Missed Deposition After Video Shows Him Partying

A video of Floyd Mayweather Jr.’s antics at a nightclub on the same day he begged off a deposition has led to sanctions against the boxer. In a ruling released on Tuesday, U.S. District Judge Joseph Anderson Jr. of South Carolina ordered Mayweather to perform 40 hours of community service…

Nov 9, 2011 3:45 PM CST

NY Times, Home of ‘Motherlode,’ Sues Over Huffington Post’s New ‘Parentlode’ Blog

Saying that the Huffington Post’s new Parentlode blog has a name that readers have confused with the three-year-old Motherlode blog of the New York Times, the newspaper has sued parent company AOL Inc. to force a name change from Parentlode to “something more original.” Both Motherlode and Parentlode have been…

Nov 7, 2011 6:07 PM CST

Fed’l Judge Tells US Marshals to Seize $64K from Righthaven Law Firm to Satisfy Blogger’s Judgment

A law firm that purchased rights to articles in the Denver Post and Las Vegas Review-Journal, sued bloggers for infringement and then lost a number of suits when standing and fair-use defenses were successfully asserted is now the subject of a federal court debt-collection order. Because Righthaven LLC failed to…

Nov 3, 2011 12:39 AM CDT

The XXX Factor: New Domain Names Could Lead to Trademark Problems for Businesses

Come December, trademark holders will have one more thing to worry about: the triple-X factor. That’s when Internet users will start to see a new top-level domain—those three letters (.com, .org, .net) following a URL. The Internet Corporation for Assigned Names and Numbers, the governing body that regulates domain names…

Nov 1, 2011 9:10 AM CDT

Winston Adds 2 IP Partners from Dickstein Shapiro; Alfred Fabricant Will Head NY Practice Group

Winston & Strawn is adding two more lawyers to its intellectual property practice group, announcing today that the firm is bringing in partners Alfred Fabricant and Lawrence Drucker as partners from Dickstein Shapiro. Fabricant will head the IP practice group in New York City. “Fred and Larry bring enormous talent…

Oct 31, 2011 7:04 PM CDT