Ip Wise

    • Reference Prices: Are You at Risk?

      Reference prices advise consumers that they are getting a bargain. The California Court of Appeal, however, just upheld a $6.8 million penalty on the grounds that a company’s use of list prices and comparison prices constituted a deceptive trade practice. If past is prologue, we can expect a flood of class action lawsuits to follow.

      Brann & Isaacson- 11 readers -
    • Oil States Versus The Administrative State

      The Supreme Court has now heard from the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. At issue is not only the fate of inter partes review of patents by the Patent Trial and Appeal Board, but possibly the ability of administrative agencies to review and retract their own erroneous decisions.

      David Swetnam Burland/ Brann & Isaacson- 13 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

    … What does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases. The courts have now begun…

    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 consequences of cloud computing services both for the provider and the customer. The post Eisenstein gives Webinar on Cloud Computing appeared first on Brann & Isaacson. …

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

    … the Federal Circuit on the proper venue for patent litigation (TC Heartland v. Kraft Foods Group Brands); and Reversed the Federal Circuit on the question of when a competitor can market a “biosimilar” version of a complex drug. (Sandoz v. Amgen). These results only reinforce the perception that the Supreme Court views the Federal Circuit as a court…

    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

    … Having led the team that filed an amicus curiae brief for 48 Internet companies, retailers, and associations in support of TC Heartland, Peter Brann attended the oral argument in TC Heartland v. Kraft at the Supreme Court yesterday. Though not a disinterested observer, he offers these thoughts on what he saw: Although the venue question…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • Big Week For IP In The Supreme Court

    … While the political world roils, the Supreme Court issued two major IP law decisions this week. In SCA Hygiene Products v. First Quality Baby Products, the Court, in an opinion by Justice Alito, held that the equitable doctrine of laches could not be asserted as a defense in patent cases. Laches is an old doctrine under which, in the absence…

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • The Genericide of Google?

    … If you’ve ever referred to any pain relieving drug as an “aspirin,” asked for a Kleenex when seeking any form of handheld tissue, or interchanged the terms “photocopy” with “Xerox,” you have an inkling of the dangers that may result when a product or service becomes so successful that it jeopardizes its own trademark protection. Put differently…

    Stacy Stitham/ Brann & Isaacson- 7 readers -
  • Patent Points to Ponder

    … The Supreme Court recently decided the Federal Circuit was incorrect in concluding that the supply of a single component of a multicomponent invention for manufacture abroad gives rise to liability under Section 271(f)(1) of the Patent Act, which prohibits the supply from the United States of “all or a substantial portion of the components…

    Stacy Stitham/ Brann & Isaacson- 12 readers -
  • Patent News Grab–Bag

    … to the patent laws that would have the effect of reversing the Supreme Court’s holding in Alice v. CLS Bank, that abstract ideas cannot be patented. The proposal attempts to take the Alice question out of the hands of the courts. Although it is not clear where patent law and patent litigation stand among the priorities of the new Congress, we would hope…

    David Swetnam Burland/ Brann & Isaacson- 8 readers -
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