IP Litigator articles from November 2003

IP Litigator archives from November 2003

Can the Seventh Amendment require that the defense of inequitable conduct be presented to a jury?
November 1, 2003... According to the Court of Appeals for the Federal Circuit, "The defense of inequitable conduct in a patent suit, being entirely equitable in nature, is not an issue for a jury to decide." (1) As a general proposition, this statement is...

The right of publicity and cyberspace.
November 1, 2003... Introduction The right of publicity is recognized in eight states. The scope of these laws differs widely from state to state. In general, the right protects against the unauthorized commercial use of an individual's identity (e.g.,...

Dangers of allowing Federal Circuit interpretive canons to determine claim construction.
November 1, 2003... Ascertaining the meaning of the words used in a patent claim is the paramount consideration in defining the legal entitlement to patent protection. Indeed, proper claim interpretation is the requisite initial inquiry in every patent...

Enforcement of jointly owned IP rights: traps for the unwary.(intellectual property)
November 1, 2003... Introduction With more and more companies entering into joint ventures, strategic alliances, and other forms of collaborative arrangements, joint ownership of IP rights has become quite commonplace. Unfortunately, joint ownership is...

Computer litigation.(Intellectual Property Development, Inc. v. UA-Columbia Cablevision of Westchester, Inc.)
November 1, 2003... Proper Nouns, Abbreviations, and Claim Construction The case discussed in this column illustrates how claim construction guidelines coupled with a grammatical oversight led to incongruous results. Here, the Federal Circuit dropped capital...

Patents and anticompetitive behavior: Intel v. Via.
November 1, 2003... Patents and Anticompetitive Behavior: Intel v. Via As part of the ongoing patent litigation between Intel and Via, there has been a significant side issue on whether it could be argued as a defense to infringement that Intel had been...

Federal Circuit eviscerates experimental use exception.(to patent infringement)
November 1, 2003... Federal Circuit Eviscerates Experimental Use Exception Too often, the real-world effects of cases extend far beyond the parties in the caption. In the wake of more and more patent suits being filed on so-called research tools--basic tools...

Trademark litigation.(the Lanham Act does not require credit for material copied from the public domain)
November 1, 2003... The Lanham Act Does Not Require Credit For Material Copied From The Public Domain The US Supreme Court's 2002-2003 term saw a significant narrowing of the Lanham Act in two important respects. First, the Court sent shock waves through...

Trade secret litigation.
November 1, 2003... Regulation Up in Smoke: Forced Government Disclosure of Ingredient Lists Violates Takings Clause Companies guard trade secret information closely, especially when the trade secrets are ingredient lists for the creation of popular...

Alternative dispute resolution.(appellate review of an arbitral award)
November 1, 2003... Obtaining "Appellate" Review of an Arbitral award In return for the advantages of speed, finality, and increased control over the decision-making process, parties who choose to settle their disputes through arbitration accept a risk that...

To catch a thief: postseizure.
November 1, 2003... To Catch a Thief: Postseizure In our last two columns, we followed the story of Nancy Johnson, IT director for Customer Corporation, the victim of an unscrupulous counterfeiter. Ms. Johnson purchased Fanciful brand toner cartridges from...

Extending the scope of inherent anticipation.
November 1, 2003... Extending the Scope of Inherent Anticipation Showing that a single prior-art reference discloses each claim limitation of a patented invention means that the reference anticipates the invention, thereby rendering any claim to that...

Waiver of the attorney-client privilege. (in willful infringement claim)
November 1, 2003... Waiver of the Attorney-Client Privilege Waiver of the attorney-client privilege, as the price paid to avoid a finding of willful infringement, continues to be a source of great uncertainty to client and trial counsel alike as to its...