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Archive for the ‘District Courts’ Category

California District Court Strikes at “Patent Trolling” By Tyler Lacey – Edited by Amanda Rice Diagnostic Systems Corp. v. Symantec Corp., June 5, 2009, No. SACV 06-1211 DOC (ANx) consolidated with No. SACV 07-960 DOC (ANx). Opinion The United States District Court for the Central District of California granted in part defendant MicroStrategy’s motion requesting a more detailed statement of how its software products infringe on plaintiff Diagnostic Systems Corporation’s (“DSC”) patents, denying only MicroStrategy’s request for monetary sanctions. The ... Read More...
Posted On Jun - 22 - 2009 Comments Off READ FULL POST
Fame Helps Sales Director Survive Bon Jovi’s Motion to Dismiss By Jad Mills – Edited by Caitlyn Ross AFL Philadelphia LLCl v. Krause, June 4, 2009, No. 09-614. Slip Opinion hosted by Exclusive Rights. On June 4, 2009, Judge Baylson of the Eastern District of Pennsylvania denied Philadelphia Soul’s motion to dismiss defendant Joe Krause’s counterclaims for trademark infringement and misappropriation of name in AFL Philadelphia LLC v. Krause. The judge allowed both counterclaims to go forward because Krause had sufficiently alleged ... Read More...
Posted On Jun - 14 - 2009 Comments Off READ FULL POST
By Tyler Lacey Federal Prosecutors Launch New Attack Against Online Gamblers in the United States On June 9, the New York Times reported that federal prosecutors asked four American banks to freeze accounts containing money believed to be used for distributing winnings to online poker players. Wells Fargo, one of the contacted banks, received a court order requiring that the funds be frozen. Professor I. Nelson Rose of Whittier Law School described the move as “surprising” and as a “gamble” ... Read More...
Posted On Jun - 13 - 2009 Comments Off READ FULL POST
By Sarah Sorscher Supreme Court to Consider Business Method Patents Patently-O reports that the Supreme Court granted certiorari on Bilski v. Doll. The Court will address whether a patentable “process” must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing. The Court will also consider whether this “machine-or-transformation” test, which effectively forecloses meaningful patent protection to many business methods, runs counter to the intent of Congress in enacting 35 U.S.C. ... Read More...
Posted On Jun - 6 - 2009 Comments Off READ FULL POST
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...
Posted On May - 31 - 2009 Comments Off READ FULL POST
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