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Archive for the ‘Jurisdiction’ Category

Federal Circuit Throws out $1.67 Billion Jury Verdict for Lack of Written Description Centocor Ortho Biotech, Inc. v. Abbott Lab., No. 2010-1144 (Fed. Cir. Feb. 23, 2011) By Katie Booth – Edited by Chinh Vo Slip Opinion The Federal Circuit recently ruled that a district court erred when it declined to grant the motion of defendant Abbott Laboratories (“Abbott”) for JMOL that the plaintiff’s asserted patent claims were invalid. In so holding, the court set aside a jury verdict of ... Read More...
Posted On Mar - 3 - 2011 Comments Off READ FULL POST
Plaintiff’s Lanham Act false association claims against Google AdWords program survive motion to dismiss By Abby Lauer – Edited by Matt Gelfand Jurin v. Google, No. 2:09-cv-03065-MCE-KJM (E.D. Cal. Feb. 14, 2011) Slip Opinion hosted by Scribd.com The U.S. District Court for the Eastern District of California denied in part and granted in part Google’s motion to dismiss in a case involving trademark infringement and breach of contract claims against the search engine. While granting Google’s motion to dismiss plaintiff’s ... Read More...
Posted On Feb - 28 - 2011 Comments Off READ FULL POST
Seventh Circuit Denies Moral Rights Protection to Chicago Garden By Albert Wang – Edited by Matthew Gelfand Kelley v. Chicago Park District, Nos. 08-3701 and 08-3712 (7th Cir. Feb. 15, 2011) Slip Opinion The Court of Appeals for the Seventh Circuit affirmed the Northern District of Illinois’ judgment in favor of the Chicago Park District on Chapman Kelley’s Visual Artists Rights Act (VARA) claim, while reversing the court’s judgment in favor of Kelley on his claim of implied contract. The ... Read More...
Posted On Feb - 25 - 2011 4 Comments READ FULL POST
Following Bilski, court upholds validity of patents that meet a “meaningful limits” test By Irina Oberman – Edited by Avis Bohlen H&R Block Tax Services, Inc. v. Jackson Hewitt Tax Service, Inc., No. 608cv37 (E.D. Tex. Feb. 2, 2011) Slip Opinion hosted by 271 Patent Blog Magistrate Judge Love, sitting in the United States District Court for the Eastern District of Texas, reconsidered a previous Report and Recommendation in this case, which recommended invalidating two of the plaintiff’s three asserted ... Read More...
Posted On Feb - 20 - 2011 Comments Off READ FULL POST
Kwan v. Schlein By Raquel Acosta – Edited by Jonathan Allred Kwan v. Schlein, No. 09-5205-cv (2nd Cir. Jan. 25, 2011) Opinion hosted by Scribd.com The Court of Appeals for the Second Circuit affirmed the District Court for the Southern District of New York, which denied summary judgment on plaintiff’s claim for copyright infringement because it was time-barred, and granted defendants’ motion for summary judgment to dismiss the claims. [Editorial note: the Second Circuit opinion incorrectly records that the district ... Read More...
Posted On Feb - 17 - 2011 Comments Off READ FULL POST
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