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IP Intelligence
Patent Watch: Organic Seed Growers & Trade Ass’n v. Monsanto Co.
"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the…
IP Intelligence
Patent Troll Receives Push Back
Over the past eight months, thousands of businesses across the United States received the same five-page letter from "The Licensing Team" of any one of 40 shell companies affiliated with…
IP Intelligence
Patent Watch: Regents of the Univ. of Minn. v. AGA Med. Corp.
In disclaiming claim coverage in light of certain prior art, the applicant does not thereby act as a lexicographer, redefining individual words. On June 3, 2013, in Regents of the…
IP Intelligence
Mobile Apps and Websites Face New COPPA Requirements Starting July 1
In one month, on July 1, 2013, the Federal Trade Commission’s most recent amendments to its Children’s Online Privacy Protection Act Rule (“COPPA Rule”) will go into effect. These changes…
IP Intelligence
BakerHostetler’s New York Office to Host New York State Bar Association CLE on the Effects of Social Media on the Practice of Law
On June 6, the Social Media Committee of the Commercial and Federal Litigation Section of the New York State Bar Association will host a Continuing Legal Education program at BakerHostetler's…
IP Intelligence
Patent Watch: Dey, L.P. v. Sunovion Pharms., Inc.
"[A]n agreement of confidentiality, or circumstances creating a similar expectation of secrecy, may negate a 'public use' where there is not commercial exploitation" [even] when an unaffiliated third party is…
IP Intelligence
Cars Lawsuit Runs Out of Gas
The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,”…
IP Intelligence
Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor
Co-authored by: Julian Darwall When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock…
IP Intelligence
Texas Court Allows Defamation Claim Against Landowner to Proceed
Last Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s defamation and business disparagement claims against a landowner to proceed. This is the…
IP Intelligence
Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince
Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in…