News
[07/09]
German zoo files suit over polar bear Knut's loot
[07/14]
eBay beats Tiffany in court case over trademarks
[07/10]
Japan to scrap iPod copyright fee
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Articles
What to Do If the Domain Name You Want Is Taken
So you have a great idea for a domain name. It will make you millions and be the beacon by which an unprecedented amount of Internet commerce flows your way. You're excited. You go to a domain name registrar to perform a domain name search and, you guessed it, the name you want is already taken. What now? Don't worry, you have choices.
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What is a trademark or service mark?
A trademark is a distinctive word, phrase, logo, domain name, graphic symbol, slogan, or other device that is used to identify the source of a product and to distinguish a manufacturer's or merchant's products from others. Some examples are Nike for sports apparel, Gatorade for beverages, and Microsoft for software.
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Case Summaries
[07/21]
Eisai Co. Ltd. v. Dr. Reddy's Lab., Ltd.
In a patent case involving a class of drugs known as proton pump inhibitors, summary judgment for plaintiff ruling that its patent was enforceable is affirmed where defendants failed to present sufficient evidence to establish that: 1) the patent in dispute was invalid for obviousness; or 2) plaintiffs had engaged in inequitable conduct by attempting to deceive the Patent Office.
[07/16]
Serdarevic v. Advanced Med. Optics, Inc.
In a suit seeking correction of inventorship and raising state law claims for unjust enrichment and fraud, summary judgment for defendants is affirmed where: 1) the presumption of laches applied since plaintiff delayed more than six years after she knew of the issuance of the patents; 2) plaintiff failed to rebut the presumption of laches; 3) plaintiff failed to identify conduct that gave rise to an unclean hands defense; 4) unjust enrichment claims failed as defendants had assigned the patents more than six years before plaintiff's complaint; 5) claims for fraud were time barred; and 6) there was no abuse of discretion in denying plaintiff's Rule 56(f) motion.
[07/15]
Jang v. Boston Scientific Corp.
In a suit for breach of contract arising from defendants' failure to make payments for the sale of certain devices allegedly covered by patents, a consent judgment based on the district court's claim construction order is vacated and remanded where: 1) it was impossible to discern from the stipulated judgment which of the district court's claim construction rulings would actually affect the issue of infringement; and 2) the stipulated judgment did not provide any context with respect to how the disputed claim construction rulings related to the accused products.
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