Ip Wise

    • Proposition 65: Big Changes for Direct Marketers

      Most of you have seen those little stickers that warn you that a product contains a chemical determined by the State of California to create a risk of cancer, birth defects, or reproductive harm. Well, starting next summer, you’ll be required put those warnings in your catalogs and on your websites near every affected product.

      Brann & Isaacson- 18 readers -
  • A Sovereign Shield

    … A previously-little known loophole in the patent system, which permits Native American tribes to assert sovereign immunity as defense in inter partes review (IPR) is getting a great deal of attention these days, following an unpopular deal by Allergan to shelter its patents with the Saint Regis Mohawk Tribe. In brief, Allergan transferred a set…

    Stacy Stitham/ Brann & Isaacson- 6 readers -
  • A Sovereign Shield

    … of pharmaceutical patents to the Tribe, with the Tribe in turn granting Allergan an exclusive license…all so that the patents could be shielded from the jurisdiction of the PTAB. It is not difficult to imagine how this tactic could be enthusiastically adopted by patent trolls, and, indeed, the tech sector has started to see hints…

    Stacy Stitham/ Brann & Isaacson- 11 readers -
  • “Place of Business” Means Place of Business, Says Federal Circuit

    … not, in this instance, satisfy the test. Thus, transfer out of the Eastern District of Texas was required. We hope this clear order of the Federal Circuit will bring clear order to the application of TC Heartland—and that courts will hew more closely to the Supreme Court’s understanding of the patent venue statue as limiting where a corporate defendant may be sued for infringement. The post “Place of Business” Means Place of Business, Says Federal Circuit appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Oil States Versus The Administrative State

    … presented to the Supreme Court is: Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. Oil States frames the issue as one of overreaching by the PTO…

    David Swetnam Burland/ Brann & Isaacson- 16 readers -
  • Reference Prices: Are You at Risk?

    … for the identical product, requiring qualifiers “that would signal the use of a formula (e.g., ‘compare estimated value’) or a similar product (e.g., ‘compare similar’).” Absent such disclosures, consumers would view the reference price as a reflecting a “regular/average price.” Next Steps Given this “heads up” from the California courts…

    Brann & Isaacson- 11 readers -
  • B&I Partners Assist Microsoft In Ending Patent Case

    … Partners Stacy Stitham and Peter Brann, acting as local counsel, assisted Microsoft in obtaining a dismissal with prejudice of a patent lawsuit filed in the District of Maine. While the federal lawsuit was pending, Microsoft invalidated the patent in the Patent and Trademark Office (PTO), which was then affirmed on appeal. The plaintiff sought…

    Brann & Isaacson- 11 readers -
  • Understanding the Exceptional Trademark Case

    … The buzz in the (IP) blogosphere this week relates to Romag Fasteners v. Fossil, Inc., in which the Federal Circuit joined the Third, Fourth, Fifth, Sixth, and Ninth Circuits in concluding that fee recovery under the Lanham Act follows the standards of the Supreme Court’s decision in Octane Fitness. Translation: The same standard governing…

    Stacy Stitham/ Brann & Isaacson- 12 readers -
  • Skepticism from the Heartland

    … Last week we reported on the initial efforts to apply the Supreme Court’s opinion in TC Heartland, with particular interest in what impact that case may end up having on the business of patent litigation in the Eastern District of Texas. As we noted, on first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled…

    Stacy Stitham/ Brann & Isaacson- 11 readers -
  • Texas Welcomes TC Heartland

    … sufficient to overcome a waiver of the venue issue if not raised and preserved properly. That was the conclusion of judges in both the Northern District of Texas (iLife Techs., Inc. v. Nintendo of Am., Inc., 3:13–cv–4987 (N.D. Tex. June 27, 2017)) and Eastern District (Elbit Sys. Land v. Hughes Network Sys. LLC, 2:15–cv–37 (E.D. Tex. June 20, 2017…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Eisenstein gives Webinar on Cloud Computing

    … Martin Eisenstein recently presented a webinar for Strafford Publishing on sales tax issues in connection with cloud computing. His presentation focused on the thorny questions of sourcing cloud computing services as well as of characterization of the service in order to determine its taxability. His presentation also addressed the nexus…

    Brann & Isaacson- 11 readers -
  • Supreme Court’s Federal Circuit Reversal Streak Continues

    … The 2016 Term of the Supreme Court has not been kind to the Federal Circuit Court of Appeals, the specialized appellate court that handles all patent appeals. In each of the six patent cases from the Federal Circuit decided by the Supreme Court, reversal was the result. Specifically, the high court: Reversed the Federal Circuit on the proper…

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • A Case of First Impression

    … It will hardly come as a surprise to frequent readers of this blog that the U.S. Supreme Court has (once more) jettisoned a legal principle fashioned by the Federal Circuit, nor that the opinion was largely without dissent (Justice Ginsburg did dissent in part). The case, Impression Products v. Lexmark International, concluded that a patentee’s…

    Stacy Stitham/ Brann & Isaacson- 15 readers -
  • TC Heartland: A View from the (Supreme) Courtroom

    … presented by this case is one that everyone in the patent world has been talking about breathlessly for several years, apparently, not everyone is as excited about patent venue as we are. Most of the lawyers in the audience attending the argument were there for the first case instead–an ERISA case no less, so that tells you the level of enthusiasm. After…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
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