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Pricing and Contracting Negotiations Insufficient to Constitute a Sale within the US

In Halo Electronics, Inc. v. Pulse Electronics Inc. and Pulse Electronics Corporation, CAFC 2013-1472,-1656 (October 22, 2014), the Court of Appeal for the Federal Circuit (“CAFC”) reviewed the opinion of the District Court for the District of Nevada. Among other things, the District Court granted summary judgment that Pulse Electronics (“Pulse”) did not sell or […]

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US Patent and Trademark Office Launches Online Toolkit for Trademarks

        The US Patent and Trademark Office (USPTO) has launched an online toolkit to help individuals with basic information concerning trademarks.  The website is located here. The Trademark Toolkit includes a link to: General information about trademarks; How to respond to a Cease and Desist letter; What to do if an infringement […]

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money

Federal Circuit Clarifies Standard for Defendants Seeking Award of Attorney’s Fees

On December 26, 2013, the U.S. Court of Appeals for the Federal Circuit decided Kilopass Technology, Inc. v. Sidense Corporation, (Case No. 2013-1193). In this case, the defendant-appellant, Sidense Corporation (Sidense), had appealed from the district court’s denial of its motion for attorney’s fees under 35 U.S.C. § 285. In its opinion, written by Judge O’Malley, […]

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U.S Supreme Court Will Review Standard for Induced Infringement of a Claimed Method When Infringement is Split Among Multiple Parties

On January 10, 2014, the U.S. Supreme Court granted certiorari in Limelight Networks, Inc. v. Akamai Technologies, Inc. The petitioner in the case, Limelight Networks (Limelight), appealed from the en banc opinion of the U.S. Court of Appeals for the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. […]

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copyright

U.S. Court of Appeals for the Third Circuit Decides Right of Publicity Outweighs First Amendment in NCAA Football Video Games

On May 21, 2013, the U.S. Court of Appeals for the Third Circuit decided Ryan Hart v. Electronic Arts Inc. In its opinion, the court reversed the district court’s grant of summary judgment in favor of Electronic Arts because it found that Electronic Art’s use of the plaintiff’s likeness in its video games was not […]

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