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Informing a Patient of a Method’s Effect is Insufficient to Render the Method Patentable By Harry Zhou – Edited by Chinh Vo King Pharms., Inc. v. Eon Labs, Inc., No. 2009-1437, -1438 (Fed. Cir. Aug. 2, 2010) Slip Opinion On August 2, 2010, the Federal Circuit affirmed the United States District Court for the Eastern District of New York’s entry of summary judgment invalidating two patent claims held by King Pharmaceuticals, Inc. (“King”). In addition, the court vacated summary judgment ... Read More...
Posted On Aug - 9 - 2010 Comments Off READ FULL POST
Use of Trademark in Domain Names Found to Be Nominative Fair Use By Harry Zhou – Edited by Anthony Kammer Toyota Motor Sales v. Tabari, No. 07-55344 (9th Cir. Jul. 8, 2010) Slip Opinion On July 8, 2010, the Ninth Circuit Court of Appeals vacated and remanded an injunction against Farzad and Lisa Tabari by the United States District Court for the Central District of California in a trademark infringement claim brought by Toyota Motor Sales U.S.A. (“Toyota”).  The Ninth ... Read More...
Posted On Jul - 22 - 2010 Comments Off READ FULL POST
Use of Common Words in Trademarks Can Still Dilute By Harry Zhou – Edited by Jad Mills Visa Int’l Serv. Ass’n v. JSL Corp., No. 08-15206 (9th Cir. Jun. 28, 2010) Slip Opinion On June 28, 2010, the Ninth Circuit affirmed the U.S. District Court for the District of Nevada’s grant of summary judgment for Visa International Service Association (“VISA”) on its trademark dilution claim against JSL Corporation (“JSL”). Chief Judge Alex Kozinski delivered the opinion, holding that JSL’s “eVisa” ... Read More...
Posted On Jul - 13 - 2010 Comments Off READ FULL POST
Summary Judgment Entered Against Chuck DeVore on Copyright Claims By Harry Zhou – Edited by Helen He Henley v. DeVore, No. 8:09-cv-00481-JVS-RNB (C.D. Cal. Jun. 10, 2010) Order The U.S. District Court for the Central District of California issued a formal ruling on Musician Don Henley’s copyright and Lanham Act claims against California Assemblyman Chuck DeVore. Rejecting DeVore’s fair use defense, the court entered summary judgment in favor of Henley on all claims of copyright infringement. Henley’s false endorsement claim ... Read More...
Posted On Jun - 20 - 2010 Comments Off READ FULL POST
By Harry Zhou Edited by Gary Pong Editorial Policy Libel litigation against bloggers has intensified in recent years as the blogosphere continues to experience rapid growth. The threats database of the Citizen Media Law Project (“CMLP”) shows that since 2000, there have been more than 310 lawsuits accusing blog and forum owners of defamation in U.S. courts. Often central to these disputes is the tension between the right to free speech and the need to restrict the rapid spread of ... Read More...
Posted On May - 11 - 2010 4 Comments READ FULL POST
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