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Intellectual Property Law

By Sheppard Mullin

Post Frequency: 1/day

Last Entry: March 21, 2011 at 13:19:17

First Sale Doctrine Not Applicable To Foreign Imports Manufactured And First Sold Abroad

Posted on November 14, 2008
The Ninth Circuit recently handed manufacturers a gift. In a decision which, at first blush, might seem at odds with well-established Supreme Court jurisprudence, manufacturers are now able to use copyright law to keep their products from being imported to...

Open Source Licensing Finds Protection Before The CAFC

Posted on November 14, 2008
Open source licensing of software got a recent boost from an unlikely source, the Court of Appeals for the Federal Circuit. The CAFC normally decides patent and trademark issues but rarely deals with copyrights. In an appeal from the Northern...

Patent Prosecution Highway Program: European Expansion

Posted on November 14, 2008
As the volume of global patent filings rises, patent offices around the world continue to face increasing patent administration demands. Currently, applicants for U.S. biotechnology and organic chemistry patents can expect an average of close to two years before a...

Why US Web Site Owners Should Watch Foreign Suits

Posted on November 14, 2008
Just when you thought it was safe to enter the waters of "thumbnail imagery" in light of the Ninth Circuit decision in Perfect 10 Inc. v. Google Inc., recent court decisions in Germany may give some pause to ISPs, online...

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Two Recent Decisions Reframe the DMCA Discussion

Posted on October 07, 2008
Two recent decisions from the Northern District of California break new ground in the interpretation of the Digital Millennium Copyright Act (DMCA). These cases may indicate how a couple of the most contentious issues about the use of copyrighted works...

Muniauction, Inc. v. Thompson Corp.: The Federal Circuit Again Weighs In On Software Patents

Posted on October 07, 2008
The Federal Circuit’s recent decision in Muniauction, Inc. v. Thompson Corp., 532 F.3d 1318 (Fed. Cir. 2008), has significant implications for software and Internet patents....

UMG v. Augusto: Allowing the Sale of Promotional CDs Under the First Sale Doctrine Could Affect Much More than the Music Industry

Posted on October 07, 2008
In a decision that could have far-reaching implications for technology licenses of all types, the U.S. District Court for the Central District of California recently held that the first sale doctrine permits a recipient of promotional CDs to sell them...

In re Nuijten: Are Tangibility and Permanence Required For Patentability?

Posted on October 07, 2008
Recently the inventor of an electromagnetic data signal filed a petition for certiorari, asking the Supreme Court to overturn the Federal Circuit's affirmation that his invention does not represent patentable subject matter. See In re Nuijten, 500 F.3d 1346 (Fed...

Design Patents Clarified

Posted on September 25, 2008
The United States Court of Appeals for the Federal Circuit clarified the law of design patents on Monday (September 22, 2008), with its ruling in Egyptian Goddess, Inc. v. Swisa, Inc.[1] Prior to this decision, owners of design patents were...

Federal Circuit Redesigns Design Patent Infringement Analysis

The National Geographic Gets The Picture

Posted on August 11, 2008
A recent en banc ruling of the 11th Circuit helps to clarify and solidify a media-neutral trend in copyright law while adding certainty to what publishers may do with valuable libraries of outdated paper. Such outdated paper will have little...

Summary Judgment in Favor of Fiji Water - "Bottled At the Source" Held Generic

Posted on August 11, 2008
On July 16, 2008, the Northern District of California dismissed on summary judgment a lawsuit brought by the company that manufactures, markets and sells Crystal Geyser bottled water (CG Roxane LLC) against Fiji Water Company LLC, Fiji Water Company Holdings...

Patent Suit Brings Question of Immunity Before Supreme Court

Posted on August 11, 2008
The Supreme Court may soon consider an issue of sovereign immunity that, depending on the outcome, could open the door to private patent holder lawsuits against state governments. Attorneys for Biomedical Patent Management Corp. (BPM), a small California biotech, are...

Solicitation by Domain Name Registrar in Asia

Posted on August 11, 2008
The following is a typical solicitation letter from a domain name registrar in China or Hong Kong. Such letters are often sent indiscriminately en masse to registrants of .com domains. “Halliton Holdings, Inc.” is usually a fictitious company crafted by...

S.D.N.Y Holds eBay Not Liable in Closely Watched Trademark Case

Posted on July 14, 2008
In a July 14, 2008, decision addressing the issue of who bears the burden in policing counterfeiting on online auction sites, Judge Richard J. Sullivan of the Southern District of New York held that "it is the trademark owner's burden...

Injunctions in Trademark and Copyright Infringement Cases: Trending Against the Irreparable Harm Presumption?

Posted on July 07, 2008
Since the Supreme Court's decision in eBay v. Merc-Exchange, IP plaintiffs who plan on relying on the presumption of irreparable harm when seeking injunctive relief (whether a TRO, preliminary or permanent) may want to rethink that strategy. The days of...

Meshworks, Inc. v. Toyota Motor Sales U.S.A.: Good News and Bad News for Creators of New Media Works

Posted on July 07, 2008
Click here for a PDF copy of the document....

D.C. Circuit Overturns FTC Rambus Decision

Posted on July 07, 2008
There has been an important decision in the antitrust litigation against Rambus for failing to disclose patents to JEDEC, a standard setting body (SSO). In Rambus v. FTC, No. 07-1086 (D.C. Cir. 2008), the D.C. Circuit Court unanimously set aside...

Dilemma for Foreign Enterprises Running E-sports Games in China

Posted on July 07, 2008
Electronic sports games (“E-sports games”) have been developing at an extremely high speed, forming a sports storm sweeping over the entire world. With E-sports games gaining tremendous popularity in China, more and more foreign companies are aiming at the Chinese...

Articles

Posted on June 18, 2008
House Okays Watered Down PRO IP ActJune 1, 2008, World Law MediaPatent PoolsApril 21, 2008, New York Law JournalCourt Finds Famous Foreign Trademarks ProtectableFebruary 1, 2008, AsiaLawLeadership Liability: Protecting Directors, Officers from Exposure to Patent Infringement DamagesJanuary 31, 2008, San...

Supreme Court Strengthens Patent Exhaustion Doctrine

Posted on June 10, 2008
On June 9, 2008, the United States Supreme Court issued its unanimous decision in Quanta Computer, Inc. v. LG Electronics, Inc. and held that the patent law cannot be used to control the subsequent use or disposition of a product...

Developers of musical ringtones may benefit from using the statutory license created by Section 115 of the Copyright Act

Posted on May 19, 2008
The Register of Copyrights has issued a formal opinion finding that, in most instances, musical ringtones for cell phones and related mobile devices fall within the scope of the statutory license under Section 115 of the Copyright Act. See Docket...

Trade Secrets Can Be All In Your Mind

Posted on April 29, 2008
In Al Minor & Associates, Inc. v. Martin, 117 Ohio St.3d 58, 2008-Ohio-292, the Ohio Supreme Court recently held that memorizing information, including specifically client lists, constitutes trade secret misappropriation. The court found that neither the Uniform Trade Secret Act...

Consider the Venue: Significant Split Among Circuits In Findings of Liability for Trademark Infringement in Metatags and Keywords

Posted on April 24, 2008
On April 7, 2008, in North American Medical Corp. v. Axiom Worldwide, Inc., the Federal Court of Appeals for the 11th Circuit Court (with jurisdiction over Alabama, Florida and Georgia), ruled that using another’s trademark in metatags infringes the Lanham...

The Copyright Office Makes An Improvement For The Worse

Posted on April 17, 2008
The Copyright Office recently issued a press release in their "Newsnet," Issue 341, April 14, 2008, announcing what everyone else already knew. The Copyright Office is getting seriously behind in processing copyright applications and issuing registration certificates...

Briefs Filed for the In re Bilski Appeal

Posted on March 25, 2008
Last month, the Court of Appeals for the Federal Circuit decided (sua sponte) to reconsider its landmark State Street decision on patentable subject mater , and ordered an en banc hearing for an appeal in the case of In re...

Split Decision for eBay Refines Internet Trademark Infringement Standards

Posted on March 20, 2008
Perfumebay.com v. eBay, Inc. _ Fed 3D _ (9th Cir. Nov. 5, 2007)Click here to view a PDF copy of the document....

Split Decision for eBay Refined Internet Trademark Infringement Standards

Posted on March 20, 2008
Perfumebay.com v. eBay, Inc. _ Fed 3D _ (9th Cir. Nov. 5, 2007)Click here to view a PDF copy of the document....

First In Line: Registration Before Litigation

Posted on March 12, 2008
Like New Year's resolutions which remain unfulfilled, a decision late last year of a federal district court sent still another reminder that copyright law in the United States remains far from the formality free regime envisioned by Berne Convention rules...

Patent reform is again before Washington legislators, as Congress continued to fail to reach a consensus on the legislation in 2007.

Posted on February 19, 2008
The push to reform the U.S. patent system tracks back to February 2003 with the publication of the USPTO's 21st Century Strategic Plan. Other studies followed, identifying key areas for reform: improving the quality of patents, litigation reform, and harmonization...

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