By Brian Kozlowski Lawsuit Against Brooks Brothers for Falsely Marketing Ties Dismissed The 271 Patent Blog reports that on May 14, a district court granted Brooks Brothers’ motion to dismiss an action for false marketing. Pro se plaintiff Raymond Stauffer sued Brooks Brothers under section 292 of the Patent Act, which allows damages of “not more than $500″ for each false claim that unpatented items are protected by patent. Under the Act, damages are split between the plaintiff and the ... Read More...
Archive for May, 2009
Federal Circuit Resolves Split Regarding Product-by-Process Claims By Sharona Hakimi – Edited by Stephanie Weiner Abbott Laboratories v. Sandoz, Inc., May 18, 2009, No. 07-1400, -1406 Opinion (hosted by Patently-O) On May 18th the Court of Appeals for the Federal Circuit, sitting en banc, reconciled a long-standing conflict between two lines of cases determining the scope of product-by-process claims. The Federal Circuit affirmed the Atlantic Thermoplastics Co. v. Faytex Corp. rule that infringement of a product-by-process claim requires actually using ... Read More...
Harvard Journal of Law and Technology, vol. 22.2 The Digest Staff is thrilled to announce that the newest volume of the Harvard Journal of Law and Technology, volume 22.2 is now available online, featuring: Exclusion and Exclusive Use in Patent Law Adam Mossoff The conventional wisdom is that the definition of patents as property has been long settled: unlike land and chattels, which secure the traditional “bundle” of rights, patents secure only a negative right to exclude. Professor Mossoff, after ... Read More...
Ninth Circuit Court of Appeals Considers Internet Service Provider’s Liability for Fake Profiles By Ezra Pinsky – Edited by Dmitriy Tishyevich Barnes v. Yahoo!, Inc., May 7, 2009, No. 05-36189. Slip Opinion On May 7th, the Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s 12(b)(6) dismissal of a complaint which had sought to impose negligence liability on Yahoo for hosting a fraudulent personals profile created by the plaintiff’s ex-boyfriend, despite plaintiff’s ... Read More...
Content by Vera Ranieri Google Sued for Use of Trademarked Terms in Adwords Program A class action was filed against Google on May 11, 2009 in federal court in Texas challenging its use of trademarked terms in its adwords program. The New York Times covered the case and surrounding issues. Ars Technica analyzes Google’s new AdWords policy. ACLU Challenges Constitutionality of Gene Patents The ACLU filed suit in the Southern District of New York challenging the patenting of genes and genetic tests as ... Read More...
