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A Few Problems in Licenses and How to Avoid Them (Kenyon & Kenyon)
  • It’s said that those who don’t learn from their mistakes are bound to repeat them. Over the author’s years of practice in negotiating license agreements and mediating, arbitrating, or litigating disputes involving them, the same types of provisions seem to cause a disproportionate amount of the trouble.
    • Supreme Court Rules "Machine or Transformation" is Not the Exclusive Test for Patentable Processes (Kenyon & Kenyon)
  • In a long-awaited decision in Bilski v. Kappos, the Supreme Court today held that the "Machine or Transformation" test is not the exclusive test for determining whether a claimed process is eligible for patenting under Section 101 of the patent statute, 35 U.S.C. §101.
    • Confusion as a Ground for Trademark Infringement (LEX ORBIS)
  • Trademarks are distinguishing devices used by businesses to distinguish their goods and services from those produced by others. Confusion is one of the main grounds for a trademark infringement claim.
    • High Court Does Not Disturb Spirit of Trade Mark Co-Existence Agreement Made Way Back in Time – Omega v Omega, High Court (Matthew Arnold & Baldwin)
  • Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about 50 years.
    • CSI Proposes Tariffs for Non-Commercial Radio Stations (2011), Online Music (2011), and Satellite Radio (2011-2013) (Stikeman Elliott LLP)
  • On July 17, 2010, CSI, the company formed as a royalty-collection vehicle by the Canadian Musical Reproduction Rights Agency (CMRRA) and the Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC), proposed three new tariffs which would apply to the reproduction of music (which can include broadcasting, streaming and downloading) by non-commercial radio stations, online music providers, and satellite radio providers.
    • Federal Court Confirms Requirement of Patent Specificity for Listing Patents on the Patent Register (Stikeman Elliott LLP)
  • Purdue Pharma sought judicial review of a decision of the Office of Patented Medicines and Liaison (OPML) in which the OPML determined that one of Purdue’s patents (the 738 Patent) was not eligible for listing on the Patent Register maintained in accordance with the Patented Medicines (Notice of Compliance) Regulations (Regulations) in respect of the drug TARGIN.
    • Ninth Circuit finds coverage for patent infringement claim under advertising injury coverage within a general liability policy (Wilson Elser Moskowitz Edelman & Dicker)
  • The U.S. Ninth Circuit Court of Appeals recently ruled that an insurer owed a policy holder a defense under a general liability policy where the alleged patent infringement constituted "advertising injury" under the definitions of the policy.
    • Selling Your Company or Raising Capital: Intellectual Property Considerations (Frank, Rimerman + Co. LLP )
  • In a previous Frank, Rimerman + Co. LLP article, dated April 28, 2010, we outlined how the due diligence process can give a buyer the time and—for an unprepared seller—the opportunity to renegotiate key deal terms such as purchase price, timing of payments, indemnification, representations and warranties, and others.
    • No Claim for Damage of Reputation in Case of Honest Concurrent Use (LEX ORBIS)
  • Similarity of marks is an issue that trademark law in India has consistently dealt with over time, thus evolving crucial principles. As per judicial dicta, there should be only one trademark, one source & one proprietor.
    • Non- Registered User can be Entitled to Exercise Rights as a Registered Proprietor of Trademark: HC of Bombay (LEX ORBIS)
  • "Hebare", which was a registered mark of Ramesh. The suit {Waman Vs. Ramesh 2010 (42) PTC 35(Bom.)} revolves around the dispute between two brothers, using their surname "Hebare" as trademarks in their respective business.