Ip Wise

  • 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- 7 readers -
  • 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. Big changes…

    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- 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. The question…

    David Swetnam Burland/ Brann & Isaacson- 16 readers -
  • 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. Thankfully…

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

    … a dismissal without prejudice of the federal lawsuit on the grounds that the pending constitutional challenge to the PTO process in the Oil States case in the Supreme Court might revive its patent. The Court agreed with Microsoft, however, that regardless of the possible outcome in the Supreme Court, the dismissal should be with prejudice. The post B&I Partners Assist Microsoft In Ending Patent Case appeared first on Brann & Isaacson. …

    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

    … that Texas patent cases will not go quietly into the good night, regardless of what the Supreme Court might have to say. We chime in today with a brief follow up comment to last week’s post, noting that Law360 is reporting today that members of the House Judiciary Committee have sharply criticized Judge Gilstrap’s opinion and apparent efforts to avoid…

    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…

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

    … way to calculate damages in cases involving multicomponent products (Samsung v. Apple); Reversed the Federal Circuit on whether the supply of a single component of a multicomponent invention can give rise to liability under a provision that prohibits supplying all or a substantial portion of a patented invention for combination overseas (Life…

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
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