Michael Jordan’s infringement lawsuit tarnished the reputation of defendant, so new suit says
Qiaodan Sports Company Limited designs, manufactures and sells sportswear and sports accessories. Micheal Jordan sued Qiaodan early in 2012 for using his Chinese name and jersey number (23) without permission. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
U.S. Supreme Court decides for Monsanto and its patent on weed-killer resistant soybean seeds
In a unanimous ruling on May 13, 2013, in BOWMAN v. MONSANTO CO. ET AL., the Supreme Court supported the patent protection afforded Monsanto’s weed-killer-resistant soybeans by saying the principle of patent exhaustion doesn’t permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. Bookmark on DeliciousDigg this postRecommend [...]
US patent court says an abstract idea is not patentable simply because it is tied to a computer system
In CLS Bank v. Alice Corporation, 11-1301, the U.S. Court of Appeals for the Federal Circuit (Washington) ruled on May 10, 2013, that patents held by an Australian electronic financial firm (Alice Corporation) are not valid because the claims are too abstract to qualify for such intellectual property protection. Alice had argued the patents were [...]
U.S. Chamber of Commerce responds to India’s denial of the Glivec patent
On April 1, 2013, the Supreme Court of India finalized the denial of Novartis’ patent on its cancer drug Glivec, despite the fact the patent is recognized in 40 countries. The lay press and public interest groups have centered the debate on pricing. The Indian Pharmaceutical Alliance disagrees. Bookmark on DeliciousDigg this postRecommend on Facebookshare [...]
District Court Judge offers specific amounts that fit the terms criteria for “fair, reasonable and non-discriminatory”
Standard-setting organizations establish rules that govern the ownership of IP rights that apply to the standards they adopt. Companies that help establish the criteria gain an advantage in having their technology included in standards; therefore, one rule commonly adopted is that any patent that applies to a standard can only be licensed on “fair, reasonable, and non-discriminatory [...]
What happens when an expert moves from testifying to consulting in a case?
It’s fairly common for a valuation analyst to sign on to a legal case in a “consulting” capacity. Not only might this reduce costs during the preliminary phases of litigation, it shields communications between the expert and attorney—and any preliminary reports or work papers—from disclosure and discovery, absent “exceptional circumstances” (the standard under the federal [...]
When do IP rights in an original work that is supplemented by others no longer hold?
Donald Duvall, former chief administrative law judge for the International Trade Commission, while subsequently working for Kenyon & Kenyon, wrote a treatise on proceedings before the commission involving Section 3378 of the Tariff Act of 1930. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Still one more judge admonishes experts in damages cases to tie facts of the case to the theory used
Ever since Uniloc’s rejection of the 15%-of-gross-profit rule-of-thumb for determining damages, experts have been attempting to combine other theories with Georgia Pacific factors. Another attempt to use the Nash Bargaining Solution (NBS) to determine a reasonable royalty rate in a damages case has failed. In fact, it may well be that Judge Alsop’s warning in [...]
Analysts have free access to a complete database of copyright infringement cases relating to music
Sponsored by Columbia Law School and the USC Gould School of Law, and resident at http://mcir.usc.edu/, the Music Copyright Infringement Resource offers complete summaries of every U.S. music copyright decision since 1845. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Myriad argued before the U.S. Supreme Court
On 04/15/2013 the United States Supreme Court hears oral arguments in Molecular Pathology v. Myriad Genetics. For background information, see previous IP Value Wire coverage. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
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