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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
TTAB Reverses Refusal to Register Walther PPK Product Configuration By Charles Griffin – Edited by Avis Bohlen In re Carl Walther GmbH, No. 77096523 (T.T.A.B. Oct. 26, 2010) Opinion The Trademark Trial and Appeal Board (the “Board”) reversed an examiner’s refusal to register the product configuration of the Walther PPK pistol as a mark under Section 2(f) of the Trademark Act. The Board held, contrary to an examiner’s evaluation, that applicant Walther had established acquired distinctiveness for the configuration. Walther ... Read More...
Posted On Nov - 4 - 2010 Comments Off READ FULL POST
Fifth Circuit Reverses Summary Judgment for Plaintiffs’ Breach of Contract Claim By Nathan Lovejoy – Edited by Avis Bohlen The Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., __ F.3d __, 2010 WL 4056112, No. 09-10726 (5th Cir. Oct. 18, 2010) Slip Opinion In Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., the United States Circuit Court for the Fifth Circuit reversed and remanded the decision of the United States District Court for the Northern District of Texas, which had ... Read More...
Posted On Nov - 2 - 2010 Comments Off READ FULL POST
Sixth Circuit Upholds Ohio Anti-Pornography Statute By Avis Bohlen – Edited by Dmitriy Tishyevich American Bookseller’s Foundation for Free Expression v. Strickland, Nos. 07-4375/4376 (6th Cir., April 15, 2010) Opinion On April 15, the United States Court of Appeals for the Sixth Circuit reversed an Ohio district court’s decision to enjoin the enforcement of an anti-pornography child protection statute, Ohio Revised Code § 2907.31(D)(1), which criminalizes displaying or disseminating harmful materials to juveniles.  The court held that as narrowly construed ... Read More...
Posted On Apr - 21 - 2010 Comments Off READ FULL POST
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