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“First Sale” Doctrine Does Not Apply When There Is a Likelihood of Post-Purchase Confusion
On appeal from the District of Arizona, the Ninth Circuit affirmed the lower court’s grant of summary judgment to trademark-owner Volkswagen of America Inc. (“Volkswagen”), holding that the “first sale” doctrine does not provide a defense when likelihood of confusion has been established. The “first sale” doctrine allows purchasers of
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Meeting Ariad’s Written Description Requirement
Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company, No. 2008-1248 (Fed. Cir. Mar. 22, 2010) (en banc) In a much anticipated decision, the Federal Circuit issued an en banc decision addressing the scope
Best Mode for Producing Lysine Included Undisclosed Features
In method for producing L-lysine including genetically altering E. coli, inventors failed to disclose best host strain to use and further modification that enhanced production. Ajinomoto Co. v. ITC, 2009-1081 (Fed. Cir. Mar. 8, 2010) In
Patents Obvious Over Same Prior Art Raised During Ex Parte Reexamination
Dissent finds a bias against protecting an invention that “does not advance rocket science or cancer medicine.” A divided Federal Circuit panel affirmed summary judgment that claims in Media Tech’s two patents to trading cards with attached items or fragments of memorabilia were obvious over prior
Failure to Properly Preserve and Search for ESI Results in Monetary Sanctions and Spoliation Jury Instructions
District Court Judge who issued Zubulake decision again orders sanctions for failure to properly handle electronically stored information (ESI) in discovery. Pension Committee of the Univ. of Montreal Pension Plan et al. v. Banc of America Securities, LLC, et al., — F.R.D. —–, 2010
Beyond Mere Planning and Preparation: The Duty of Loyalty Owed By Employees to Their Employers
by Kara R. Yancey Suppose you represent a company whose former employee has either started a competing company or now works for a competitor. Unfortunately, the company did not
Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application
Federal Circuit reverses Trademark Office’s holding that an internet specimen of use must include a picture of the goods to be registrable. In re Michael Sones, Docket No. 2009-1140 (Dec. 23, 2009) In re Sones is an appeal from the Trademark Trial and Appeal Board’s (“TTAB”) rejection of Michael
U.S. District Court For The Eastern District Of Texas Ordered To Transfer Venue
Federal Circuit again orders Eastern District of Texas to transfer venue of a patent case to a more convenient forum, this time the Eastern District of North Carolina. In re Hoffman-La Roche Inc., et al., Misc. Docket No. 911 (Fed. Cir. Dec. 2, 2009) After the Eastern District of Texas denied their motion
Perfecting Security Interests in Intellectual Property Is Not a Perfect Process
By Robert J. Lenihan, II and Allen E. Pittoors In 1962, Michigan slightly revised, and then adopted, the Uniform Commercial Code (UCC). The UCC governs commercial transactions. Article 9 of the UCC generally relates to secured transactions and governs the perfection of security interests in personal
Federal Circuit Clarifies Fraud Standard in Trademark Cases
Court Overrules Medinol: In re Bose Corporation (Decided August 31, 2009) During the last six years, many an unwary trademark registrant has fallen victim to the harsh decision handed down by the USPTO’s Trademark Trial and Appeal Board (“Board”) in the 2003 case entitled Medinol v.