A rule that has applied in patent cases since 1998 may go the way of Chevy Cobalt ignition switches.
"Deference, I Don't Have to Show You any Stinkin' Deference" riffed on a line from The Treasure of the Sierra Madre (1948), in which Gold Hat, posing as a Mexican Federale, says
The Supreme Court today adopted a new test for claims under the federal Lanham Act, which creates a cause of action for "false association" and "false advertising". Lexmark Int'l, Inc. v. Static Control Components, Inc., No. 12-873, slip op. 3 (U.S. Mar. 25, 2014).
Writing for a 9-0 Court, Justice Antonin Scalia brushed aside
If you've handled a bunch of patent cases without running across the Kessler doctrine, don't feel like the Lone Ranger. Until today, IP wizards like you likely had little cause to know about the patent-claim-killing rule that sprang more than a century ago from Kessler v. Eldred, 206 U.S. 285 (1907). Be warned. It's
The latest from the Federal Circuit teaches that a transfer of ownership rights in intellectual property doesn't necessarily bar the transferor from using the IP.
The case involved an ex-employee of Energy Recovery, Inc., Leif J. Hauge. ERI had sued Mr. Hauge over who owned IP relating to "pressure exchangers", which relate somehow to "reverse
The Chief Judge of the Ninth Circuit erred when he booted patent infringement claims against "Street View", the Google feature that lets you look at images of houses, buildings, and other objects that line streets and highways online.
The mistake came in how Chief Judge Alex Kozinski construed a phrase — "substantially elevations" — that described the
The Supreme Court granted review on March 10 in a case that involves "American Pipe tolling" of limitations.
If that sounds unfamiliar, Blawgletter explained the underlying Second Circuit decision last year as follows:
If you have a claim under the Securities Act of 1933, you need to act promptly — within one year after you
I was married by a judge. I should have asked for a jury.
Oops.
A panel of the Fifth Circuit held by a 2-1 vote that British Petroleum must pay some business loss claims even if the claimants cannot prove that the blowout at the Deepwater Horizon rig in 2010 actually caused the loss.
The majority ruled that the energy giant agreed to pay claims for losses that
The Sarbanes-Oxley Act came in the wake of Enron's sudden sinking. It aimed in part to foster the early blowing of whistles on fraud at "publicly traded" companies in order to avoid further titanic shipwrecks al-la the Greatest Company in the World's. The Act did so in part by barring retaliation against "an employee"