Post-verdict infringement royalty must take into account changed bargaining position of parties
In a decision Tuesday, the Federal Circuit addressed the issuance, stay, and subsequent dissolution of a permanent injunction. Further, the court addressed how damages should be allocated from infringement during a stay. The district court took the jury's reasonable royalty for pre-verdict infringement and trebled it to determine the applicable post-verdict royalty. The Federal Circuit […]
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Seizure of goods with counterfeit marks not an “embargo,” so no CIT jurisdiction to challenge fine
In a decision this week, the Federal Circuit vacated the decision of the Court of International Trade (CIT) and remanded with instructions to dismiss the plaintiff's complaint for lack of subject matter jurisdiction.The case arose out of a civil fine levied against the plaintiff for importation of counterfeit goods. The plaintiff brought suit in the […]
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EU highest court rules ISPs not required to identify P2P users allegedly infringing copyrights
In a decision released today, the highest court in the EU, the European Court of Justice, ruled that under EU law, internet service providers (ISPs) are not required, in the course of a civil lawsuit, to disclose the identity of an individual subscriber associated with a particular IP address. The case arose out of an […]
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Fourth Circuit: Subpoena to foreign corporation valid even though no U.S. business contacts
The Fourth Circuit last week addressed a district court's ability to issue subpoenas to foreign witnesses in USPTO administrative proceedings. The court held that a district court may issue a Rule 30(b)(6) subpoena to a foreign corporation who is party to an opposition, even if the party has no officers, directors or managing agents who […]
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Term defined in specification limited even though partially characterized as exemplary
In a recent decision, the Federal Circuit vacated and remanded a limited exclusion order by the International Trade Commission. The ITC entered an exclusion order that prevented importation of products produced by a method that infringed two patents.The Federal Circuit vacated the finding of infringement, holding that under the correct claim construction, there was no […]
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Dramatic change in UK trademark policy; Australia eliminates obligation to disclose search reports
There have been two interesting changes in foreign IP practice over the past month. Effective October 1, 2007, the UK Trade Marks Office changed its policy such that it will no longer raise objections to applications based on prior existing applications/registrations. Instead, it will be the policy to write to owners of earlier potentially conflicting […]
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More examination outsourcing by the USPTO?
According to a news release published today, the USPTO is exploring the feasability of having the Swedish Patent and Registration Office (PRV) perform the search and examination of international applications filed under the PCT in the U.S. receiving office. In the release, the USPTO notes that it receives about 50,000 international applications and about 400,000 […]
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Tenth Circuit: First Amendment analysis required when public domain works “restored” to copyright
In an important copyright decision posted today (but apparently filed yesterday), the Tenth Circuit addressed the First Amendment implications of the "restoration" of public domain works to copyright protection as a result of the Uruguay Round Agreement Act (URAA). The URAA implemented Article 18 of the Berne Convention, which brought works back under copyright that […]
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Patent Prosecution Highway pilot program opens between USPTO and UK Intellectual Property Office
In a press release today, the USPTO announced an extension of its pilot Patent Prosecution Highway program to include the UK Intellectual Property Office. Under the program, an applicant who receives notice from either the USPTO or the UK IPO that at least one claim is allowable in its application may request expedited consideration of […]
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UK rejects proposal for 20 year copyright extension for sound recordings
Yesterday the UK Department for Culture, Media & Sport issued a report rejecting a suggestion to push for an extension of copyright term in the EU for sound recordings of 20 additional years, from 50 to 70 years. Citing the Gowers Review of the UK's intellectual property framework, the report notes: [The Gowers Review] concluded […]
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