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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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Federal Circuit Reaffirms Structure Requirements for Means-Plus-Function Claims

On February 13, 2013, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Function Media, L.L.C v. Google Inc., __ F.3d __ (Fed. Cir. 2013). In the decision, written by Judge Reyna, the Federal Circuit affirmed the district court’s invalidation of one of the plaintiff’s patents as indefinite. The court found that […]

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Google Threatens to Sue Youtube MP3 Conversion Site

Google recently wrote a letter on June 8 to the owner of the website Youtube-MP3.org, stating that it must stop its activities within seven days of Google’s letter.  Youtube-MP3.org is a site devoted to converting Youtube videos to audio MP3s, that is widely popular, accessed by 1.3 million people each day. Google and Youtube argue […]

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Shape of Hookah Pipe not Protectable with Copyright

The recent case of Inhale v. Starbuzz Tobacco, Inc. held that the shape of a water container to be used in a hookah device is not afforded protection under the Copyright Act.  Inhale made a water container that had a specific design on it – a skull and crossbones, in 2008 and registered it with the […]

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