Holy trademark infringer, Batman! The Russian Main Intelligence Directorate, commonly referred to as the GRU, appears to use a somewhat famous mark as part of its logo. The GRU's logo is shown below: Even Russian President Vladimir Putin appears to notice the distinctive logo at GRU headquarters: Of course, there are sovereign immunity issues that likely prevent DC Comics […] Continue Reading →
Speak Now or Forever Hold Your Peace – Failure to Raise Verdict Inconsistency Defeats Appeal In L&W, Inc. v. Shertech, Inc. and Steven W. Sheridan (“Shertech”), the Court affirmed in part the decision of the US District Court for the Eastern District of Michigan holding claim 7 valid and claim 10 invalid of Shertech’s ‘264 patent, and affirming the portion of the judgment holding that the ‘264 patent was not […] Continue Reading →
Court Applied Four-Factor Test for Preliminary Injunction Relief In Sanofi v. Apotex (Sanofi-Synthelabo, Sanofi-Synthelabo,Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex, Inc. and Apotex Corp.), the Court affirmed the decision granted by the US District Court for the Southern District of New York granting a preliminary injunction in favor of Sanofi. At issue was a patent (“the ‘265 patent”) for an […] Continue Reading →
Fort Des Moines Museum and Education Center Elects New Board President The Fort Des Moines Museum and Education Center has a new president. Attorney and Iowa Army National Guard colonel, Janet E. Phipps Burkhead, was elected to the position at the Annual Meeting of the Museum and Education Center Board on December 12, 2006. The park and center were established to honor and recognize Fort Des […] Continue Reading →
Nintendo hit with patent infringement lawsuit over “Wiimote” Nintendo, makers of one of the hottest Christmas gifts this year, the Wii, is being sued for patent infringement. Interlink is suing the electronics giant over the "Wiimote," the common name for the Wii's controller. Below is the Wiimote and Figure 1 of Interlink's patent: Interlink's patent is directed toward a "trigger operated electronic device," […] Continue Reading →
Prepaid cellular phone seller sues over DMCA exception TracFone Wireless, the largest seller of prepaid cellular phone service in the United States, has sued the Librarian of Congress and Register of Copyrights, alleging that one of the DMCA exemptions granted last month is unlawful. Specifically, TracFone is upset about the exemption permitting cellular phone users to "unlock" their phones in order to use […] Continue Reading →
The problem of marketing an idea: how much do you tell a prospective licensee? Forbes has an interesting piece regarding marketing ideas, specifically way to protect an idea when pitching it to companies or ways to avoid “giving something away” in the process. It’s written to be easily understood by non-lawyers, and has some good general suggestions. Notably absent from the list: using the line “I’d tell you, but […] Continue Reading →
Roundup of media coverage of “KSR v. Teleflex” After last week’s arguments before the Supreme Court in KSR v. Teleflex, the media has begun to offer its perspective on the case. Below is a sampling of the media coverage, which generally appears to think that the teaching-suggestion-motivation (TSM) test will either be scrapped entirely, or at least allow other ways to prove an […] Continue Reading →
Buffett settles with alleged trademark infringer Jimmy Buffett reached a settlement with a man he accused of selling merchandise that infringed his trademarks. The alleged infringer, Robert Akard, was selling Buffett-themed merchandise via his website. The judge in the case ordered Mr. Akard’s website shut down until the conclusion of the case and to disclose how much money he had made […] Continue Reading →
Supreme Court questions Federal Circuit’s obviousness test: is it “gobbledygook”? In oral argument before the Supreme Court in KSR International Co. v. Teleflex, Inc., several Justices appeared uncomfortable with the Federal Circuit's "teaching-suggestion-motivation" (TSM) test for obviousness. Justice Scalia, in his typical direct style, characterized the TSM test at various times as "gobbledygook," "irrational," and "meaningless." Other Justices, including Chief Justice Roberts and Justice Breyer […] Continue Reading →