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IP Wise

Making Business Wise About Intellectual Property Litigation

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Governor LePage Intervenes in Moody’s Diner Case

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An employment discrimination case before theMaine Human Relations Commission took an unusual turn recently, when Governor Paul LePage attempted to intervene during settlement negotiations. Following the Commission’s probable cause determination against the employer, Governor LePage, acting on information from representatives of the employer, questioned the legitimacy of the Commission’s investigation. He later refused to approve...

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Likelihood of Confusion in a War on Two Fronts

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The Supreme Court issued an opinion in a trademark case the other day with interesting implications for those of you who defend – or defend against – trademark portfolios. The case, B&B Hardware v. Hargis Industries, involved a trademark opposition running tandem with a trademark infringement lawsuit over a square off between the marks SEALTITE and...

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The Cares of In-House Counsel

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The latest annual survey of chief legal officers by the Association of Corporate Counsel, which came out last month, provides interesting insight into the topics that keep in-house counsel on their toes. Perhaps unsurprisingly, data breaches and protection of corporate data made the list – with more than a quarter of the respondents reporting that...

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Matt Schaefer Publishes Article on U.S. Supreme Court Arguments in DMA v. Brohl

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Brann & Isaacson Partner Matthew Schaefer authored the article “Supreme Court Report: Maine Lawyers Argue Thorny Jurisdictional Issue Before High Court” appearing in the just-released Winter 2015 edition of the Maine Bar Journal. Schaefer, together with Senior Partner George Isaacson, successfully represented the Direct Marketing Association before the United States Supreme Court in the case...

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The Alice Penny Drops In East Texas

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As we wrote last month, the early stats suggest that Alice v. CLS Bank has changed the landscape of patent litigation, with a 69% win rate for accused infringers on motions seeking a judgment that an asserted patent is not directed to patentable subject matter. One of the bigger open questions is what reception Alice...

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Supreme Court To Decide If You Have To Know You Are Inducing Patent Infringement To Knowingly Induce Patent Infringement

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At the end of this month, the Supreme Court will hear oral argument in its next big patent case, Commil v. Cisco. The question for decision relates to induced patent infringement, and whether an accused infringer who believes in good faith that the patent asserted against it is invalid can rely on that belief to...

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East Texas Jury Awards $533 Million In Damages In Apple iTunes Patent Suit

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The mega–verdict is back. Patent–assertion entity Smartflash LLC has been awarded $533 million in damages by an east Texas jury in a lawsuit it filed against Apple accusing iTunes of infringing three of its patents. As reported by Reuters, the jury deliberated for eight hours before imposing the half–billion dollar verdict against Apple for willful...

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Patent Reform Rises Again, As Do Arguments About It

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On Monday, the CEOs of Cisco and J.C. Penney published an opinion piece in the Wall Street Journal (subscription required) under the eye–grabbing title, “Stopping the Economy–Sapping Patent Trolls.” In it, John Chambers and Myron Ullman voiced their support for the reintroduction by Rep. Robert Goodlatte of Virginia of the Innovation Act. As we wrote...

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Teva for Two: Federal Circuit Doubles Up On De Novo Review

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In Teva Pharmaceuticals v. Sandoz, the Supreme Court said that in patent cases, like any other civil case, the court of appeals must show deference to the trial court’s findings of fact, even if those findings relate to the legal issue of the proper construction of claim language in a patent. In reporting on that...

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Patent Reform Is Back…Alice Is Big…The PTO Is Unmasked

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…and, we’re back, with a post–hibernation blitz of patent news… Patent reform, it’s back too. Virginia Congressman Bob Goodlatte has reintroduced the patent reform bill that died in the Senate last year. The bill’s provisions are designed to pare back patent troll litigation. It would (1) require the plaintiff to identify the patent–owner before filing...

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