• Posts Tagged ‘standing’

    It’s Quiz Time!

    by  • September 3, 2013 • copyright • 0 Comments

    This is a copyright case. Here is the sequence of events according to the plaintiffs’ timeline: 1995: Image created by artist Beasley 1997: Image used by defendant with permission 2003: Image used by defendant without permission 2009: Image used by defendant without permission 2009: Assignment of the copyright in the image from Beaseley to...

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    Do Your Homework

    by  • August 16, 2013 • patent • 0 Comments

    Since the Acacia Research Group‘s business model is based on acquiring patents, you would expect them to be fairly diligent about ensuring that the chain of title is solid. But it wasn’t in Endotach LLC v. Cook Medical Inc. Endotach claimed to be an exclusive licensee of two patents, having acquired its rights from...

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    It’s Hard to Be a Copyright Troll

    by  • July 29, 2013 • copyright • 0 Comments

    I previously reported on a pending case, Contra Piracy v. Does 1-2919, where the court very quickly raised the issue of standing – sua sponte, because it’s still a John Doe case. The savvy court suspected something was up and put the plaintiff to its proof. Owning the bare right to sue isn’t enough...

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    A Patent Owner Who Doesn’t Own the Patent

    by  • July 16, 2013 • patent • 1 Comment

    I’ve often written about the various categories of potential plaintiffs in patent infringement suits. Depending on what rights a licensee acquired, it may or may not have constitutional standing to bring a patent infringement lawsuit. A new case, CopyTele, Inc. v. E Ink Holdings, Inc., comes at it from a somewhat different angle —...

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    When “Exclusive Licensee” Equals “Registrant”

    by  • July 8, 2013 • trademark • 0 Comments

    Heraeus Germany makes dental products and distributes them in the United States through a sister company, plaintiff Heraeus Kulzer LLC (Heraeus America). Defendant Omni Dental Supply imports gray market products it claims are made by Heraeus Germany but intended for distribution in other countries, primarily China. In order to stop Omni, Heraeus Germany made...

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    You Have to Own the Copyright

    by  • June 24, 2013 • copyright • 0 Comments

    Short and sweet: after seven years of litigation, partial summary judgment, and an award against the defendant for $100,000, the court vacated it all because, a year after the award, the defendant’s new lawyer noticed the plaintiff didn’t actually own the copyrights, its subsidiaries did. In light of the recently unearthed determination that Plaintiff...

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    Neither Fish Nor Fowl

    by  • June 11, 2013 • patent • 0 Comments

    Ah, here’s an interesting one. The plaintiff claims to be an exclusive patent licensee, the defendant is the United States, the case properly filed in the Court of Federal Claims, and the defendant has challenged standing. But rather than the usual situation where the court is examining whether enough rights were transferred for the...

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    Patents and Divorce

    by  • May 6, 2013 • patent • 5 Comments

    It’s divorce week here at Property, Intangible. I just reported on a case before the Supreme Court of Hawai’i that decided the relative ownership interest of divorcing spouses in copyrights created during the marriage. Now we have a case about patents, this time a federal district court case deciding standing. The statutory sections involved...

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