At the close of 2011, the Federal Circuit once again issued an
opinion that reemphasizes the importance of reviewing assignment
agreements. In a recent unpublished decision, Gellman v.
Telular Corporation, et al., Case No. 2011-1196 (Fed. Cir. ),
the Federal Circuit held that an assignment clause did not transfer
future intellectual property rights and dismissed a patent
infringement action for lack of standing.
In Telular, the plaintiff Tobi Gellman brought an
action for infringement of a patent on which her late husband was
named as a co-inventor. The plaintiff was the trustee of her
husband's trust ("the Lebowitz Trust"), which the
plaintiff claimed was the sole legal owner of the patent. However,
on the patent-in-suit, Mr. Lebowitz was only one of the named
co-inventors. The other co-inventor, Mr....
Specific Questions relating to this article should be addressed directly to the author.
Rosetta Stone, Inc., which provides technology-based language learning products and services, sued Google in the U.S. District Court for the Eastern District of Virginia for direct and indirect trademark infringement and trademark dilution arising out of Google’s sale of Rosetta Stone’s trademarks as keywords in Google’s AdWords program.
When patent prosecutors file applications with the United States Patent and Trademark Office (PTO), they are required by law to include "all information material to patentability," which typically includes copies of scientific articles that may disclose relevant prior art.
In the early 1990’s, when I was applying to film schools, I recall that different schools had different policies regarding the copyright ownership of student work.
a unanimous decision, the Supreme Court invalidated personalized medicine patents on grounds they are unpatentable subject matter under Section 101 of the Patent Act.
In recent months, there have been notable developments involving privacy for mobile applications ("apps"), a number of which have important implications for app developers, distributors and marketers.
One of the objectives of the recently enacted America Invents Act ("AIA") is to broaden the opportunity to challenge the validity of patents with quick and effective alternatives to district court litigation.
While many covered entities and business associates are still adjusting to the changes to the Health Insurance Portability and Accountability Act ("HIPAA") ushered in by the Health Information Technology for Economic and Clinical Health Act, new privacy requirements that are more stringent than HIPAA recently entered into force in Texas.
Twitter
Facebook
Digg 
