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Intellectual Property Law

Maryland Intellectual Property Law Blog

Analysis of relevant case law, summaries of pending litigation, statistical information, and miscellaneous commentary relating to intellectual property issues affecting Maryland businesses, individuals and governments.
By Brian Wm. Higgin

Post Frequency: 20.7/day

Last Entry: December 13, 2009 at 14:36:44

Keep Track of Competitors With Google® Patents RSS Feeds

Posted on February 28, 2008
Not too long ago, I noticed that Google® Patents was including an "RSS" feed link on some of its hit lists. I started using this feature to track what others are saying in new patent applications about specific pharmaceutical drugs, medical diseases, or a specific patent number (a client's patent, for instance)...

Keep Track of Competitors With Google? Patents RSS Feeds

What do the NFL, 55-Inch Televisions, and Prayer Have In Common?

Posted on February 24, 2008
The National Football League (NFL) has campaigned against large-group events that show the Super Bowl on TVs wider than 55 inches, citing federal copyright laws. That policy impacts churches that hold Super Bowl parties (the NFL only makes an exception to its policy for large-scale viewings at sports bars)...

Top 10 List: Google® Searches

Posted on February 22, 2008
Below are the 10 most recent popular Google® searches that resulted in hits on this website. Leading the hit parade are two patent and trademark infringement lawsuits in Maryland: Technology Patents v. Deutsche Telekom (for more about this lawsuit, click here, here, here, and here), and Nacre v...

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Top 10 List: Google? Searches

Bouchat Sues Ravens, NFL Over "Flying B" Design

Posted on February 18, 2008
Summary: The twelfth lawsuit filed in the U.S. District Court for the District of Maryland in 2008 involves a familiar name to some in Baltimore: Frederick Bouchat. #12: Bouchat v. Baltimore Ravens LP, No. 1:08-cv-00397, filed February 14, 2008 The Baltimore Ravens changed their logo in 1999 to the raven bird with a "B," but before that, they used a "B" on a shield with wings and the word "Ravens," which the U...

Maryland IP Litigation 2008: Lawsuit Summaries Nos. 8-11

Posted on February 17, 2008
Below are summaries of recent IP-related lawsuits filed in the the U.S. District Court for the District of Maryland in 2008 (source: Justia). The first summary involves a discovery matter relating to a patent lawsuit filed in the E...

Marylanders See Big Increase in Federal Trademarks Registered in 2007

Posted on February 16, 2008
U.S. Patent & Trademark Office (PTO) searchable records show that for the period January through December 2007, the PTO registered 83 federal trademarks to Marylanders (based on a search of "owner address" records using TESS)...

Maryland IP Litigation 2008: Lawsuit Summary No. 7

Posted on February 13, 2008
The following lawsuit filed in the U.S. District Court for the District of Maryland pits brand and generic drug makers (source: Justia). #7: Forest Laboratories, Inc. v. Lupin Pharmaceuticals, Inc., No. 1:2008cv00239, filed January 28, 2008; assigned to J...

Maryland IP Litigation 2008: Lawsuit Summary No. 6

Posted on February 13, 2008
The sixth IP-related lawsuit filed in the U.S. District Court for the District of Maryland in 2008 involves a trademark dispute (source: Justia). #6: Flagstar Bank, FSB v. Fundstar Financial, LLC, No. 8:2008cv00206, filed January 24, 2008; assigned to J...

Court Allows Discovery of Communications Between Trial and Opinion Counsel

Posted on February 12, 2008
David Donoghue at the Chicago IP Lit. Blog reports today about a discovery matter in a Northern District of Illinois patent case: Se-Kure Controls, Inc. v. Diam USA, Inc., No. 06 C 4857, 2008 WL 169029 (N.D. Ill. Jan...

Maryland Judges To Discuss "Trial of a Patent Case"

Posted on February 09, 2008
If you are interested in learning the nuts-and-bolts of trying a patent case, join Maryland U.S. District Court Judges Marvin J. Garbis and André M. Davis, other judges, and a large faculty of litigators, in Scottsdale, AZ, on February 28-29, 2008, for Trial of a Patent Case...

Sanctions Result in Summary Judgment of No Invalidity; No Liability for Letters Sent to Defendants' Customers

Posted on February 08, 2008
A year ago, West Chester, OH-based Contech Stormwater Solutions sued Mount Airy, MD-based BaySaver Technologies, Inc. and AccuBid Excavation, Inc., for allegedly infringing its U.S. Patents Nos. 5,707,527 and 6,027,639 (see related post here)...

Internet Coverage of Patent Reform Increasing

Posted on February 07, 2008
A search of Google© on February 4, 2008 (Monday) using the search terms "patent reform" and the date limiter "last 24 hours" returned "about 13,400" hits. That compares to 15,400 hits for the entire previous week (same search terms, but using the date limiter "last week")...

Under Secretary of Commerce Dudas to Discuss Patent Reform Tomorrow

Posted on February 04, 2008
The following Notice concerning patent reform was posted on the USPTO website today. Clearly, the Bush Administration is concerned about a potential vote on the Senate's version of the Patent Reform Act of 2007 (S.1145), which was placed on the Senate Calendar in late January...

Seagate's Progeny

Posted on February 02, 2008
As promised in my earlier post regarding In re Seagate, 497 F.3d 1360 (Fed. Cir. 2007), below is a summary of cases citing the much talked about Federal Circuit opinion. This survey includes opinions published on or before January 31, 2008, but is not inclusive...

Waiving Attorney-Client Privilege: Patent Opinions Developed by In-House Engineers, Patent Agents and Attorneys

Posted on February 01, 2008
By now, those who follow patent issues in this country will undoubtedly have heard of In Re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007), in which the Federal Circuit heightened the standard for establishing willful patent infringement to a recklessness standard, and clarified the scope of the waiver of attorney-client privilege and work product immunity with regard to opinions of counsel relied on by defendants accused of willfully infringing...

Maryland IP Litigation 2008: Lawsuit Summary No. 5

Posted on January 29, 2008
I received a Tec Stretch Ear Warmer over the recent holiday season, just in time for last week's cold spell. Made by Baltimore-based 180s, the Tec Stretch product combines ear warmer and headphones in one simple device, so you can listen to your MP3 player and protect your ears from the cold at the same time...

Update: Technology Patents LLC v. Deutsche Telekom AG

Posted on January 28, 2008
My last update of the Technology Patents LLC v. Deutsche Telekom AG lawsuit, which was filed in the U.S. District Court for the District of Maryland on Nov. 8, 2007, was five weeks ago. Since then, several of the 131 defendants have entered an appearance (or, more precisely, their lawyers have) with the court...

Maryland's Discovery Communications Looking For Talent

Posted on January 26, 2008
Granted, this post isn't directly related to the subject matter of this blog, but since the worldwide headquarters for Discovery Communications is in Silver Spring, MD, and a lot of visitors to this blog are scientists, engineers, and other professionals, I thought I'd pass this along...

Motion to Stay Federal Action Denied; Parallel Proceedings in State and Federal Courts to Continue

Posted on January 24, 2008
Summary: The U.S. District Court for Distict of Maryland denied motion to stay on abstention grounds in favor of a pending state court action in the Circuit Court for Montgomery County, MD, pursuant to Colorado River Water Conservation Dist. v. United States, 424 U...

Patent Reform Predictions and More

Posted on January 23, 2008
IPO Predicts Senate May Attempt to Pass Patent Reform Bill in February According to the Intellectual Property Owners Association website earlier this week, the "IPO believes Sen. Patrick Leahy (D-VT) will attempt to pass a revised version of S...

Maryland IP Litigation 2008: Lawsuit Summaries Nos. 1-4

Posted on January 20, 2008
Below are summaries of the first four IP-related lawsuits filed in the the U.S. District Court for the District of Maryland in 2008 (source: Justia). These lawsuits involve allegations of patent, copyright, and trademark infringement, misappropriation of trade secrets, defamation, and a host of other state law claims...

IP Database Highlights Maryland Technologies

Posted on January 17, 2008
Maryland tops the nation in research and development spending at universities, government laboratories, and other private entities and institutions, so it should come as no suprise that Maryland has lots of intellectual property that is available for commercialization...

Patent Reform Coming Soon?

Posted on January 16, 2008
Several sources (see 271 Blog, for example) are reporting that another obstacle facing patent reform was overcome yesterday when the Senate Judiciary Committee reported on S. 1145, the Patent Reform Act of 2007. According to the Intellectual Property Owners Association (IPO), the "106-page draft report explains in depth the provisions of the bill as approved by the Senate on July 19, 2007, but does not contain any new or compromise provisions...

Posted on January 12, 2008
In 2007, the major music recording companies, led by the Recording Industry Association of America (RIAA), filed more copyright lawsuits in the U.S. District Court for the District of Maryland than any other group or individual...

2008 Advanced Patent Law Institute

Posted on January 10, 2008
If you're in the D.C.-Maryland-Virginia area and would like to learn more about managing patent infringement litigation, don't forget about the 2008 Advanced Patent Law Institute being held in Alexandria, Virginia, starting today, January 10, 2008...

Trademark Litigation in Maryland: 2007 Trends

Posted on January 07, 2008
Thirty-four plaintiffs filed 39 trademark infringement lawsuits in the District Court for the District of Maryland in 2007 (see a list of the lawsuits and the parties involved after the jump). The 39 lawsuits involved 63 defendants (individuals and entities)...

Patent Litigation in Maryland: 2007 Trends

Posted on January 03, 2008
Twenty-six plaintiffs filed 24 patent infringement lawsuits in the District Court for the District of Maryland in 2007 (see a list of the lawsuits and the parties involved after the jump). The 24 lawsuits involved 181 defendants (individuals and entities) from all over the world...

Update: Technology Patents LLC v. Deutsche Telekom AG

Posted on December 21, 2007
Several of you have asked for information about the status of the Technology Patents LLC v. Deutsche Telekom AG litigation (No. 8:2007cv03012; filed Nov. 8, 2007, in the District Court for the District of Maryland). Under the Federal Rules of Civil Procedure, defendants have 20, 60, or 90 days to file an answer to Technology Patents' complaint, depending on whether they are U...

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