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I was greatly amused to read the comments of The Honorable Paul Michel, former Chief Judge of the United States Court of Appeals for the Federal Circuit,  to the  Subcommittee on Courts, Intellectual Property, and the Internet at the House of Representatives.  It appears the good judge is, perhaps, having second thoughts as to the promised benefits of so-called “patent reform” and the hilariously misnamed 2012 “America Invents Act” (aka, “AIA”).  Apparently I, Judge…
It is interesting to note that in recent months, Internet giant Amazon.com has started to pay heed to complaints regarding counterfeit, “knock-off” goods being sold through the site.  Through the years, Amazon, aided by an apparently sympathetic judiciary,  has enjoyed effective legal immunity from claims of patent, copyright and trademark infringement by arguing that it doesn’t actually “sell” anything but, rather, merely “facilitates” sales by others.  While acknowledging that many of its suppliers blatantly copy…
I was saddened to learn that Ray Niro died yesterday while vacationing in Italy.  For those of us engaged in contingent-fee patent litigation, Ray was the superstar, the source of inspiration — in short, the best there ever was. I was fortunate to know Ray, although it came at a real cost to my client and more than a bit of personal humiliation for myself.  You see, we were on opposite sides of a patent…
I have now handled a couple of cases for small business people victimized by the irresistible on-line juggernaut known as Amazon.com. In both cases, our clients were innocent victims of overseas scam artists who operate covertly, anonymously and well beyond the reach of U.S. courts.  In both cases, Amazon provided these scam artists with easy entry into the U.S. market and the monetary incentive to engage in infringement.   In both cases, the ultimate question was…
It’s not often that I get upset over an adverse result in court.  It goes with the territory, and the only way never to lose is never to accept a challenge in the first place. However, my equanimity in this regard is being tested — sorely.  And the source of my vexation is the Federal Circuit and its reliance on Federal Circuit Rule 36.  This little gimmick enables the court to issue a “summary affirmance”…
THE SLANTS, THE REDSKINS, STOP THE ISLAMISATION OF AMERICA, AMISHHOMO, THE CHRISTIAN PROSTITUTE, AMISHHOMO, MORMON WHISKEY, KHORAN for wine, HAVE YOU HEARD THAT SATAN IS A REPUBLICAN?,  RIDE HARD RETARD, ABORT THE REPUBLICANS, HEEB,  SEX ROD, MARRIAGE IS FOR FAGS, DEMOCRATS SHOULDN’T BREED, REPUBLICANS SHOULDN’T BREED, 2 DYKE MINIMUM, WET BAC/WET B.A.C., URBAN INJUN , SQUAW VALLEY, DON’T BE A WET BACK, FAGDOG, N.I.G.G.A. NATURALLY INTELLIGENT GOD GIFTED AFRICANS Offensive? Racist? Most certainly. Protectable? You bet. Regardless of your politics or sensibilities, all of these words were…
Cannabis legalization is getting a lot of attention in the country, and many legal commentators have touched on some of the issues at the intersection of trademark law and cannabis-related goods & services. But what happens when cannabis-related trademarks end up in court? Last year, we talked about Hershey’s Chocolate, Inc. lawsuit (Case No. 2:14-cv-00815-RSL) for Trademark Infringement against Conscious Care Cooperative (Seattle CCC). That case subsequently settled on July 29, 2014 without addressing many of the fun trademark issues…
On May 26, the Supreme Court finally drew a line in the sand on indirect patent infringement defenses. Enter: COMMIL USA, LLC v. CISCO SYSTEMS, INC. Previously, the Federal Circuit held that “evidence of an accused inducer’s good-faith belief of invalidity may negate the requisite intent for induced infringement,” Commil USA LLC v. Cisco Systems Inc., No. 2012-1042, slip op. at 11 (Fed. Cir. June 25, 2013). The Supreme Court actually read the plain text of…