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|ALJ Essex Grants New Motion To Terminate Investigation As To Pantech In Certain Electronic Imaging Devices (337-TA-850)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
May 22, 2013, previously published on May 21, 2013On May 13, 2013, ALJ Theodore R. Essex issued Order No. 26 (dated May 10, 2013) in Certain Electronic Imaging Devices (Inv. No. 337-TA-850).
|"Use" of a Mark in the U.S.A.|
Cory M. Amron, Joan C. Makley, William H. Oldach, Christopher M. Ott; Vorys, Sater, Seymour and Pease LLP;
May 22, 2013, previously published on May 20, 2013“Use” of a trademark or service mark under U.S. trademark law is often misunderstood. Even the best-intended trademark owners encounter unexpected, sometimes fatal, barriers in their attempts to register their marks and maintain their registrations.
|Patent Eligibility of Software Innovations After CLS Bank|
Richard G. Gervase, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 22, 2013, previously published on May 17, 2013The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent statute or whether they fall within the judicially-created “abstract...
|Texas Employers Gain Statutory Protection for Trade Secret Information|
Jackson Lewis LLP;
May 21, 2013, previously published on May 17, 2013Texas has joined 47 other states and the District of Columbia in adopting the Uniform Trade Secrets Act. The new law, Texas Senate Bill 953, which will go into effect on September 1, 2014, provides a number of protections for trade secrets in Texas. New Jersey most recently enacted a law to protect...
|ITC Decides To Review In Part Remand Initial Determination Finding No Violation of Section 337 in Certain Automated Media Library Devices (337-TA-746)|
John F. Presper, Christopher Ricciuti; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
May 21, 2013, previously published on May 20, 2013On May 10, 2013, the International Trade Commission (“the Commission”) issued a notice determining to review in part the Remand Initial Determination (“RID”) issued by Chief ALJ Charles E. Bullock on March 26, 2013 finding no violation of Section 337 in Certain Automated...
|Inevitable Disclosure of Trade Secrets is Not an Independent Cause of Action in Georgia|
Joel D. Bush, Audra A. Dial, Jeffrey H. Fisher; Kilpatrick Townsend & Stockton LLP;
May 21, 2013, previously published on May 20, 2013In Holton v. Physician Oncology Servs., LP, No. S13A0012, 2013 WL 1859294 (Ga. May 6, 2013), the Georgia Supreme Court held that Georgia law does not recognize the inevitable disclosure doctrine as an independent cause of action for trade secret misappropriation. Whether the potential for a...
|ALJ Rogers Grants Motion to Strike Supplemental Interrogatory Response and Denies Motion to Respond Out Of Time in Certain Integrated Circuit Chips (337-TA-859)|
Lisa M. Mandrusiak, John F. Presper; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
May 21, 2013, previously published on May 19, 2013On May 9, 2013, ALJ Robert K. Rogers, Jr. Issued Order No. 19 granting Respondents LSI Corporation and Seagate Technology’s (collectively, “Respondents”) motion to strike Complainant Realtek Semiconductor Corporation’s (“Realtek”) supplemental interrogatory...
|CLS Bank Int’l v. Alice Corporation Provides Little Guidance from Federal Circuit on § 101 Eligibility of Method, Computer Readable Medium and Computer System Patents|
James Carroll, Guy R. Gosnell; Alston & Bird LLP;
May 21, 2013, previously published on May 20, 2013Practitioners have been awaiting the decision in CLS Bank Int’l v. Alice Corp. in hopes that the Court of Appeals for the Federal Circuit (CAFC) would clarify whether claims drawn to computer-implemented subject matter are statutory subject matter under 35 U.S.C. § 101. Unfortunately,...
|ALJ Rogers Denies Motion for Leave to Amend Complaint in Certain Wireless Devices With 3G And/Or 4G Capabilities (337-TA-868)|
John F. Presper; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
May 21, 2013, previously published on May 17, 2013On May 10, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 27 denying Complainants InterDigital Technology Corporation, IPR Licensing, Inc. and InterDigital Holdings, Inc.’s (collectively, “InterDigital”) motion for leave to amend the complaint in Certain Wireless Devices With 3G...
|Is Your Patent Being Infringed In Canada? Top 5 Things to Consider Before Launching the Lawsuit|
David Tait; McCarthy Tétrault LLP;
May 20, 2013, previously published on May 14, 2013Whether this is your first time enforcing your Canadian patent, or you’re a frequent flyer in the Canadian courts, it is important to cover your bases before firing off a claim. Prudent planning will help to ensure that legal and financial resources are deployed efficiently. Although not...