8 Aug 2014
In 2005, a pharmaceutical corporation named ScriptPro obtained a patent on a device relating to an automated prescription container dispensing system that automatically fills and labels pill bottles. See Scriptpro, LLC v. Innovation Associates, Inc., 2013-1561, 2014 WL 3844192, at * 1 (Fed. Cir. Aug. 6, 2014); COLLATING UNIT FOR USE WITH A CONTROL CENTER...
8 Aug 2014
In addressing whether a competitor’s patent infringement suit and filing of a Citizen Petition with the Federal Drug Administration can result in the violation of antitrust laws, the Court of Appeals for the Federal Circuit affirmed a district court’s finding that the patentee’s assertion of the validity of its patents was a sham. The court...
8 Aug 2014
On August 6, 2014, the Court of Appeal for the State of California in Santa Ana certified for publication its earlier opinion affirming the ruling of judge Steven Perk of Orange County Superior Court. Reblledo v. Tilly’s Inc., G048624, Aug. 6, 2014. The court held that express terms in an employment arbitration agreement excluding “matters...
8 Aug 2014
In Amdocs Ltd. v. Openet Telecom, Inc. (Fed. Cir. 2014) the United States Court of Appeals for the Federal Circuit recently reversed the District Court for the Eastern District of Virginia in a case between competitors in the so called data mediation software industry. The case involves Amdocs Israel Limited (Amdocs), which sued Openet Telecom,...
6 Jun 2014
Generally, business owners who own and operate a business in California as a sole proprietorship or general partnership, may be considering establishing a more formal business entity, such as a limited liability company (LLC), corporation, or some other entity. Such owners initially ask themselves where, i.e. in which state should I create this legal entity? ...
4 Jun 2014
If you were browsing for watches or watch accessories and saw a watch brand, SWATCH, sitting aside another watch brand, SWAP, would it be plausible to think the two were in some way related? The District Court for the Eastern District of Virginia doesn’t think so, and the Court of Appeals for the Fourth Circuit...
4 Jun 2014
While many diverse areas of patent law are important to practicing competently, it is the claims which share center stage. It is the claims which define and carve out the scope of the invention. During the patent prosecution phase, it is the claims which are fought over. And again during patent infringement suits, it is...
30 May 2014
3D Systems (DDD) won a second legal battle against DSM Desotech Inc. (Desotech) primarily regarding antitrust claims pertaining to resins used in additive manufacturing or 3D printing, specifically stereolithography (SL). Last month, the Appeals Court for the Northern District of Illinois affirmed the summary judgment granted by the District Court for defendant, 3D Systems. 3D...
25 Feb 2014
At the tail end of 2013, Amazon (AMZN) obtained issuance of an interesting patent, claiming a system and method of anticipatory shipping, i.e. shipping one or more items in your general direction before you even purchase said items. The patent, entitled “Method and system for anticipatory package shipping,” can be read here. Of my own...
29 Jan 2014
As Super Bowl Sunday approaches, more and more commercials reference the “Big Game” in attempt to boost sales by indirect association with the hugely popular finale to the American football season. Watch enough television leading up to the Super Bowl and you might begin think that the only products sold in all of the United...