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Archive for the ‘Jurisdiction’ Category

Federal Circuit Continues Pushing Back the Vitiation Doctrine

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement as to Vermeer Manufacturing Company’s commercial products and non-commercial prototypes. The court also found that the doctrine of claim vitiation added no separate legal limitation to the doctrine of equivalents

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Posted On Aug - 8 - 2013 Comments Off READ FULL POST

Dish Network’s “Hopper” Free to Skip Commercials as Ninth Circuit Rejects Fox’s Case for Preliminary Injunction

Fox Broadcasting Co. v. Dish Network
By Simon Heimowitz – Edited by Samantha Rothberg

The Ninth Circuit affirmed a district court’s denial of Fox Broadcasting Company’s (“Fox”) request for a preliminary injunction against a Dish Network (“Dish”) product associated with Dish’s “Hopper.” The Hopper allows subscribers to automatically record Fox’s primetime television shows, then view them with the commercials fast-forwarded.

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Posted On Aug - 6 - 2013 Comments Off READ FULL POST

Judge Denies Request to Delay Hearing, Challenge to Government’s Metadata Collection Presses Forward

American Civil Liberties Union et al. v. Clapper et al.
By Michelle Sohn – Edited by Katie Mullen

At a hearing last Thursday, Judge William Pauley of the U.S. District Court for the Southern District of New York denied the government ‘s request to delay a hearing date for American Civil Liberties Union et al. v. Clapper et al.  The denial is the latest in the American Civil Liberties Union’s challenge to the Obama administration’s metadata collection practices, specifically collecting Verizon’s customer records.

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Posted On Aug - 4 - 2013 Comments Off READ FULL POST

Using a Competitor’s Trademark as a Keyword for AdWords is Not Trademark Infringement

1-800 Contacts, Inc. v. Lens.com, Inc.
By Casey Holzapfel – Edited by Michelle Sohn

The Tenth Circuit held that using a competitor’s trademark as a keyword to activate sponsored links in Google is not trademark infringement, affirming the lower court’s summary judgment that Lens.com was not liable for misdirecting customers to click on links to Lens.com after searching for the phrase “1-800 Contacts.”

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Posted On Jul - 30 - 2013 Comments Off READ FULL POST

USM Judgment Vacated: Tucker Act Forces Move of Trade Secrets Case to Court of Federal Claims

United States Marine Inc. v. United States
By Jonathan Sapp – Edited by Elise Young

The Federal Circuit affirmed the Fifth Circuit’s ruling, transferring a defense contractor’s trade secrets claim to the Court of Federal Claims. In affirming the Fifth Circuit ruling, the court determined that the plaintiff’s case was predicated on a breach of contract claim and relied on the Tucker Act, which gave the Court of Federal Claims exclusive jurisdiction.

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Posted On Jul - 29 - 2013 Comments Off READ FULL POST
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