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Federal Circuit Affirms TTAB’s Refusal of South Carolina Baseball Logo Registration By Harry Zhou – Edited by Davis Doherty Univ. of S. Carolina v. Univ. of S. Cal., No. 2009-1064 (Fed. Cir. Jan. 19, 2010). Slip Opinion In a nonprecedential ruling, the Federal Circuit affirmed a decision by the Trademark Trial and Appeals Board (“TTAB”) refusing the appellant’s (“South Carolina’s”) registration of its Carolina Baseball Logo mark and granting summary judgment against the appellant on its counterclaim for cancellation of ... Read More...
Posted On Jan - 24 - 2010 Comments Off READ FULL POST
Federal Circuit Vacates Lower Court Ruling in Elevator Patent Case By: Helen (Ye) He – edited by Davis Doherty Schindler Elevator Corp. v. Otis Elevator Co., No. 2009-1146 (Fed. Cir. Jan. 15, 2010) Slip opinion The Federal Circuit vacated the District Court for the Southern District of New York’s grant of summary judgment of noninfringement in favor of Defendant Otis Elevator.  The Federal Circuit concluded that the district court constructed Schindler Elevator’s patent claims too narrowly by construing the terms ... Read More...
Posted On Jan - 24 - 2010 Comments Off READ FULL POST
Constitutional Challenge to Gene Patents Survives Motion to Dismiss By Davis Doherty – Edited by Jad Mills Assn. for Molecular Pathology, et al. v. USPTO, et al., Case no. 09-CV-4514 (S.D.N.Y. Nov. 2, 2009) Slip Opinion (hosted by Patent Baristas) The United States District Court for the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ claim that patents on a human gene violate the First Amendment and Article I of the Constitution for jurisdictional issues, lack of standing, ... Read More...
Posted On Nov - 10 - 2009 Comments Off READ FULL POST
By Davis Doherty Freedom of Speech Prevails in UK Thanks to Twitter On October 12, the UK-based newspaper The Guardian reported it was unable to report on a question asked of a minister during Parliamentary proceedings due to “legal obstacles, which cannot be identified.” Political bloggers and tweeters quickly responded, reporting the question was related to the oil-trading company Trafigura, which is under investigation for allegedly dumping toxic waste in the Ivory Coast. Within hours, Trafigura rose to the top ... Read More...
Posted On Oct - 17 - 2009 Comments Off READ FULL POST
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