The Fourth Circuit today upheld denial of part of Microsoft’s motion to dismiss an antitrust complaint by Novell. The complaint alleged that Microsoft harmed competition not only in the market for personal computer operating systems but also in the market for applications software. The district court concluded, and the Fourth Circuit agreed, that Novell had
Standing Around and Talking Big
Blawgletter recalls a story about people who got tickets from a police officer for committing a variation on vagrancy — in the officer’s words, "standing around and talking big".
Ask most lawyers if principles of prudential standing require you to join the patent owner to an infringement case if the plaintiff owns an exclusive field
Ninth Circuit Tosses Primary Jurisdiction Dismissal of Trademark Dispute
Does the Trademark Trial and Appeal Board hold primary jurisdiction over trademark disputes? No, the Ninth Circuit held today. Rhoades v. Avon Products, Inc., No. 05-56407 (9th Cir. Oct. 15, 2007).
Avon Products challenged several trademark registrations and applications relating to microabrasion devices and skin care products. Settlement discussions failed, and after they did
Federal Circuit Admits Obvious(ness) Error
The Supreme Court rocked the patent litigation world with its decision in KSR Int’l Co. v. Teleflex, Inc., 127 S. Ct. 1727 (2007). The ruling rejected any rigid test for figuring out whether existing knowledge makes a device, process, or method "obvious" and therefore not patentable.
KSR aimed to correct the work primarily of
Fee Must Mimic Market, Seventh Circuit Holds
The Seventh Circuit today did again something that it does quite often — it reaffirmed its faith in the wisdom of markets.
The market in question involves commerce in legal services. Specifically, the work that class action lawyers provide on a contingent fee basis under the "common fund" doctrine (which pays lawyers out of the
Stonebridge Transcript
The Supreme Court has posted a transcript of the oral argument in Stonebridge Inv. LLC v. Scientific-Atlanta, Inc., No. 06-43, on Tuesday.
Blawgletter’s read: The Stonebridge "scheme" liability will go the way of Central Bank "aiding and abetting" liability — dead, dead, dead.
Barry Barnett
Quote of the Day: Yoda
Do you seek a savage beating? Help you I can, yes.
The Jedi master said to his apprentice Luke:
Try not. Do — or do not. There is no try.
Barry Barnett
Perils of Prosecuting Patents Pro Se
Inequitable conduct in dealings with the U.S. Patent and Trademark Office may expose patents to an unenforceability defense. Today, the Federal Circuit considered a "collection" of missteps by an inventor who chose to represent himself before the PTO. The mistakes included paying small entity (rather than large entity) maintenance fees, failing to disclose an affiant’s
Performance Bond Issuer Needn’t Join Arbitration, Eighth Circuit Rules
The Eighth Circuit held today that incorporating a construction contract by reference into a performance bond didn’t bind the bond-issuer to an arbitration clause in the contract. The court thus affirmed an order denying a motion to compel Liberty Mutual to arbitrate Mandaree’s claims on a bond that Liberty issued to Tooz Construction for remodeling
Bidness v. Govment
Samuel Clemens — Mark Twain — exposed bigotry.
Blawgletter shies from political-type fights. Yet we feel an urge to point out that bidness doesn’t always beat govment.
We say govment in honor (and ridicule) of Huckleberry Finn’s father — Pap Finn. Pap says lots of prime things. They include:
Oh, yes, this is a wonderful