• Posts Tagged ‘standing’

    You Need to Take Care of the Little Details

    by  • June 3, 2015 • patent • 0 Comments

    Every patent litigation starts with an examination of the chain of title, or at least it should. Often there are multiple inventors; every link for each one has to be there, and even the language of the employment agreement has to be just right. Even after that, every corporate assignment has to be done...

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    Check the Clock

    by  • May 7, 2015 • patent • 0 Comments

    Mr. Hillyar was the the former director of Gems TV (UK). Gems TV (UK) was owned by Gem TV Holdings Ltd. Gems TV (UK) owned the ‘211 Patent and intended to assign it to Gem TV Holdings Ltd. but didn’t. Gem TV Holdings Ltd. then sold Gems TV (UK) in a stock purchase agreement...

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    STC.UNM v. Intel Stands

    by  • April 8, 2015 • patent • 0 Comments

    I’ve written in the past about a patent ownership stand-off, where, because of a mix-up in assignments and a disinterested possible co-owner, the interested owner cannot enforce the patent (original decision here and en banc decision here). The Supreme Court has refused to review the decision, so Ethicon, Inc. v. United States Surgical Corp.,...

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    Over Again for STOLI – But Just For Now

    by  • November 30, 2014 • trademark • 0 Comments

    Federal Treasury Enterprise Sojuzplodoimport first sued Spirits International B.V. over the STOLICHNAYA trademark 10 years ago, in October, 2004. Two lawsuits later, FTE still hasn’t survived an examination of its standing. The case has been dismissed a second in the district court, but even the district court thinks that an appeal is warranted: “In the...

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    STOLICHNAYA Case Still Alive, Just Barely

    by  • September 9, 2014 • trademark • 0 Comments

    Oh, Federal Treasury Enterprise Sojuzplodoimport, without you I wouldn’t be so good at spelling “Stolichnaya.”* I’ve lost count of the opinions talking about who owns the STOLICHNAYA trademark and we’re now on the second lawsuit over it. It all stems from a disputed claim of ownership of the STOLICHNAYA mark in the United States....

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    The Photography Suits In a Nutshell

    by  • July 8, 2014 • copyright • 1 Comment

    I’ve been writing for some time (recursive link) about numerous lawsuits between photographers, or their agencies, and textbook publishers that have used photographs in excess of what they originally licensed for their books. Mostly I’ve been writing about challenges to standing, which are early in the cases on a motion to dismiss. But some...

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    Joinder of an Unwilling Co-owner

    by  • June 30, 2014 • patent • 0 Comments

    On the left we have a disinterested patent owner; there was a mixup about the status of an inventor, Bruce Draper, so he assigned his rights in what ultimately became the ‘321 patent to the University of New Mexico (UNM) rather than his employer, Sandia. UNM realized the mistake and assigned to Sandia “those...

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    Righthaven, the Gift that Keeps on Giving

    by  • June 25, 2014 • copyright • 1 Comment

    I’ve written before (recursive link) about copyright registrations by photo agencies. Rather than individual photographers registering their own works, it is common practice for a photo agency to periodically register the works of many photographers en masse. As described in a recent 9th Circuit opinion, the process was created collaboratively by a photography trade...

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