Tag Archives: patent

Dastar/preemption bars claims based on allegedly false claims of credit for innovation

Posted on March 24, 2017 by rtushnet

OptoLum, Inc. v. Cree, Inc., No. CV-16-03828, 2017 WL 1057924 (D. Ariz. Mar. 21, 2017) The parties compete in the market for LED lights. OptoLum claims to be the inventor of technology used inside LED bulbs allowing them to have … Continue reading →

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GW/Harvard conference: licensing and exhaustion

Posted on March 10, 2017 by rtushnet

Licensing and Exhaustion Moderator:  Prof. Robert Brauneis, George Washington University Law School Eric M. Reifschneider, The Marconi Group: There are deals that have died just b/c of exhaustion uncertainty.  What triggers exhaustion?  At one time, many practitioners thought that a … Continue reading →

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GW/Harvard conference: Infringement and Defenses

Posted on March 10, 2017 by rtushnet

Infringement and Defenses Moderator: Prof. Michael B. Abramowicz, George Washington University Law School William F. Lee, WilmerHale LLP: Literal infringement/each and every element of the claim—useful for laypeople to think about the claim. In many jurisdictions (Germany, Netherlands, Japan) around … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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State law can’t protect uncopyrightable design for useful article

Posted on February 21, 2017 by rtushnet

Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017) A nice citation for the proposition that §301 preemption covers both copyrightable and uncopyrightable matter. Ultraflo argued that Pelican engaged in unfair competition by misappropriation claim … Continue reading →

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claims about others’ patent infringement can be factual, commercial speech subject to Lanham Act

Posted on February 16, 2017 by rtushnet

Global Tech Led, LLC v. HiLumz International Corp., 2017 WL 588669, No. 15–cv–553 (M.D. Fla. Feb. 14, 2017) The parties, former business partners, now compete in the retrofit LED lighting industry. Global Tech sued defendants for patent infringement. HiLumz counterclaimed … Continue reading →

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WIPIP, part 3

Posted on February 10, 2017 by rtushnet

Carys J. Craig, Relying on (User) Rights-Talk: On Copyright Limits and Rhetorical Risks Many ways to limit ©; here focusing on defenses/exceptions, the ideal type of which is fair use. If our goal is to constrain ©, what should we … Continue reading →

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WIPIP part one

Posted on February 10, 2017 by rtushnet

Works-in-Progress Intellectual Property Colloquium Boston University School of Law Opening Plenary [missed beginning due to travel] Timothy K. Armstrong, Symbols, Systems, and Software as Intellectual Property: Time for CONTU, Part II? Functionality is still a problem. Altai seemed to work … Continue reading →

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Federal Circuit Symposium at AU on Patent & TM law, Jan. 27

Posted on January 12, 2017 by rtushnet

AMERICAN UNIVERSITY LAW REVIEW PRESENTS ITS FEDERAL CIRCUIT SYMPOSIUM : IDENTIFYING BOUNDARIES IN PATENT AND TRADEMARK LAW Jan. 27, 2017 at American University College of Law  REGISTER AT: http://ift.tt/2j5yqkd CLE CREDIT AVAILABLE from Blogger http://ift.tt/2jcxgFN

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