A student-run resource for reliable reports on the latest law and technology news

U.K. High Court finds that Zynga’s Scramble does not infringe on Mattel’s trademarked Scrabble
By Michelle Goldring – Edited by Jennifer Wong

J.W. Spear & Sons v. Zynga Inc.

The England and Wales High Court of Justice, Chancery Division held that infringement of Scrabble’s trademarked name did not occur when Zynga titled its games “Scramble” and “Scramble with Friends.” It also held that the word “Scramble” was used to refer to games of that type and therefore did not infringe on Mattel’s trademark of that word. However, the court also expressed concern that the “Scramble” logo created a likelihood of confusion because of its design.

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Posted On Nov - 13 - 2013 Comments Off READ FULL POST

IsoHunt to Shut Down Following $110 Million Settlement with Film Studios
By Sam Callahan – Edited by Jennifer Wong

Columbia Pictures Indus., Inc. v. Fung

Gary Fung has agreed to pay $110 million in damages and will permanently shut down IsoHunt.com, TorrentBox.com, and his other file-sharing websites in order to settle a copyright infringement lawsuit brought by six major film studios, represented by the Motion Picture Association of America. The settlement comes after more than seven years of litigation.

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Posted On Oct - 25 - 2013 1 Comment READ FULL POST

PTO Reexamination Decision Can Eliminate Cause of Action in Concurrent Litigation

Fresenius USA, Inc. v. Baxter International, Inc.
By Simon Heimowitz ­– Edited by Jennifer Wong

The Federal Circuit held that a U.S. Patent and Trademark Office reexamination decision, which had invalidated a number of patent claims, had to be given effect in a concurrent infringement suit regarding kidney hemodialysis equipment, effectively leaving Baxter without a cause of action. It vacated and remanded with instructions to dismiss the judgment of the District Court for the Northern District of California against Fresenius.

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Posted On Jul - 19 - 2013 Comments Off READ FULL POST

Supreme Court Adopts “Rule of Reason” for Reverse Payment Settlements

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the Eleventh Circuit’s dismissal of the case and resolved a circuit split.

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Posted On Jul - 3 - 2013 Comments Off READ FULL POST

Court Dismisses Monsanto Case

Organic Seed Growers v. Monsanto
By Kathleen McGuinness – Edited by Jennifer Wong

The Federal Circuit dismissed a declaratory judgment action against Monsanto for lack of jurisdiction. Monsanto’s assurances constituted a legally binding disclaimer not to sue in cases of inadvertent contamination by their patented seeds. Since the plaintiffs had not removed themselves from the disclaimer’s protection, any “case or controversy” was moot.

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Posted On Jun - 20 - 2013 Comments Off READ FULL POST
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