• Posts Tagged ‘standing’

    What It Takes to Get Attorneys’ Fees

    by  • January 30, 2017 • patent • 0 Comments

    This is a bit of a “duh” case from the Federal Circuit, a nonprecedential decision. The only surprising part of it is that the trial court, Judge Sparks in the Western District of Texas, didn’t impose even greater sanctions. It was quite a show of generosity. The patent-in-suit has a short chain of title;...

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    Be Careful What You Wish For

    by  • January 23, 2017 • trademark • 0 Comments

    To “plead yourself out of court” is to state facts in a complaint that mean you have already lost. Something like, in a personal injury case, saying “I rear-ended him because he stopped at a red light” would do it. In Reynolds v. Banks it’s not quite exactly that, but pretty darn close. Sandra...

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    There Is Just No Way Around the Absent Patent Owner

    by  • January 3, 2017 • patent • 1 Comment

    I’m writing about an inventorship case mostly because I have to bone up before I speak at the AIPLA Mid-Winter Institute in a talk rivetingly titled “The Backlash from Mismanagement of Inventorship in Multi-Party Deals.” If you’re attending, consider Speedfit LLC v. Woodway USA, Inc. your homework assignment. The plaintiffs are an inventor, Aurel...

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    The Subsidiary Standing In

    by  • October 24, 2016 • trademark • 0 Comments

    Lately we’ve been seeing an increasing number of trademark cases that revolve around the relative rights of different members of the same enterprise: a family of companies asserting a family of marks theory in Wise F&I v. Allstate Ins. Co., different chapters of the Salvation Army allowed to register similar trademarks in In re...

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    Suing the Patent Owner

    by  • May 2, 2016 • patent • 0 Comments

    As we all know, standing is difficult in patent cases. There are two types of “exclusive” licensees (in my view, making jurisprudence very confusing). First is the “virtual assignee” who has essentially all of the rights of the patent owner and can sue for infringement without having to join the patent owner. Second is...

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    STOLI Is Back

    by  • January 11, 2016 • trademark • 0 Comments

    This is my sixth post (recursive link) about the STOLI case. The defendant, Spirits International B.V., claims to own the STOLI and STOLICHNAYA trademarks as a result of privatization during the collapse of the Soviet Union and is listed as the owner of the trademark registrations. The Russian government, acting through state entity Federal...

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    ACPA and Standing

    by  • January 4, 2016 • domain name • 1 Comment

    It is a simple result, but not one that is forgone. An entity, HELP.org, LLC, owned a domain name, directorschoice.com. A company called Director’s Choice, LLP,* brought a Uniform Domain Name Resolution Policy proceeding against HELP.org for cybersquatting and won. Russ Smith, who owns Help.org, transferred the domain name to his own name and...

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    IP Rights and NDAs

    by  • December 8, 2015 • patent • 0 Comments

    You have someone sign an NDA that says this: If you can’t read it, it says 4. Beverly Johnson shall not directly or indirectly acquire any interest in, or design, create, manufacture, sell or otherwise deal with any item or product, containing, based upon or derived from the information, except as may be expressly...

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    A Proper Copyright Assignment

    by  • November 2, 2015 • copyright • 1 Comment

    I have called Righthaven the gift that keeps on giving. In Righthaven, the plaintiff tried to obscure the fact that there wasn’t a true copyright assignment by putting the relevant terms in different agreements. Righthaven, a copyright troll, eventually got whacked for it by the 9th Circuit. Now, when defendants see any kind of...

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