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Voter Verified, Inc. v. Premier Election Solutions, Inc. By Craig Fratrik – Edited by Laura Fishwick Voter Verified, Inc. v. Premier Election Solutions, Inc., Nos. 2011-1553, 2012-1017, 2012 WL 5382734 (Fed. Cir. Nov. 5, 2012) Slip opinion The Court of Appeals for the Federal Circuit affirmed the Middle District of Florida’s ruling that the defendants, Premier Software Solutions, Inc., Diebold, Inc., and Election Systems & Software, Inc., had not infringed U.S. Reissue Patent No. RE40,449 (the ’449 Patent) held by ... Read More...
Posted On Nov - 12 - 2012 Comments Off READ FULL POST

On Wednesday the U.S. District Court for the Southern District of New York granted HathiTrust’s motion for summary judgment on the copyright infringement claims, dismissing the claims brought by the Authors Guild. The HathiTrust Digital Library (“HDL”) is a massive, Google-affiliated book-digitization project led by academic institutions such as the University of California and Indiana University; it had scanned and placed books in the HDL without consulting rights holders.

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Posted On Oct - 15 - 2012 1 Comment READ FULL POST
Second Circuit Holds that Goldman Sachs’s Proprietary Source Code Is Intangible Property under the NSPA By Laura Fishwick – Edited by Lauren Henry United States v. Aleynikov, No. 11-1126, 2012 WL 1193611 (April 11, 2012). Slip Opinion The Second Circuit reversed the holding of the District Court of the Southern District of New York, and found that source code is not a good, ware, or merchandise under the National Stolen Property Act (“NSPA”), a criminal statute that applies to anyone ... Read More...
Posted On Apr - 19 - 2012 Comments Off READ FULL POST
Federal Circuit Declares Pharmaceutical Patents Unenforceable for Inequitable Conduct By Laura Fishwick – Edited by Jennifer Wong Aventis Pharma S.A. v. Hospira, Inc., No. 2011-1018, 2012 WL 1155716 (Fed. Cir. April 9, 2012). Slip Opinion The Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware‘s holding that claim 5 of Aventis Pharma’s U.S. Patent No. 5,750,561 (filed August 4, 1993) (“the ‘561 patent”) and claim 7 of its U.S. Patent No. 5,714,512 ... Read More...
Posted On Apr - 14 - 2012 Comments Off READ FULL POST
Federal Circuit Clarifies the Fame Standard for Trade Dilution By Sonal Mittal – Edited by Laura Fishwick Coach Servs., Inc., v. Triumph Learning L.L.C., No. 2011-1129 (Fed. Cir. Feb. 21, 2012) Slip Opinion The Court of Appeals for the Federal Circuit affirmed-in-part the decision of the Trademark Trial and Appeal Board (“Board”), which had dismissed the notice of  opposition filed by Coach Services, Inc. (“CSI”) opposing the registration of the COACH mark by Triumph Learning L.L.C. (“Triumph”). The Federal Circuit ... Read More...
Posted On Feb - 28 - 2012 Comments Off READ FULL POST
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