In a question involving the scope of long-arm jurisdiction under CPLR 302 (a)(3)(ii) as applied to a federal copyright infringement action, the situs of injury for purposes of determining long-arm jurisdiction is the location of the copyright holder.
In a petition for a writ of mandamus, district court order denying transfer to a far more convenient venue based solely on its previous handling of a lawsuit involving the same patent is reversed where there is no supportable basis for order.
In an infringement dispute involving multiple claim constructions of patents related to vibratory pile driving parts, district court summary judgment is affirmed in part and reversed in part where court properly construed some claim terms but improperly imported limitations from specifications into some constructions.
In an infringement dispute regarding a patent related to a chess-like, light-reflecting board game, summary judgment by district court is affirmed in part and reversed in part where the court correctly found no genuine issues of material fact regarding literal infringement based on its construction of a claim term but erred in several of its factual findings underlying its nonobviousness determination.
By John Schmid of the Journal Sentinel
March 22, 2011
As Congress moves closer to reforming a patent system that often has become an impediment to the innovation it is meant to inspire, many in America's innovation community - including garage entrepreneurs and venture capitalists - are worried that the reforms are only going to make matters worse.
"The way the bill came out really disadvantages small start-up companies," said Kelly Slone, an analyst at the National Venture Capital Association, which is among a diverse group of opponents to the America Invents Act of 2011.
The association, the nation's largest trade group for early-stage investors, complains that the proposal moving through Congress creates new ways for third-party outsiders to challenge the validity of an issued patent, a move that allows established companies with teams of product developers and litigation war chests to "string out small companies until they are out of money," Slone said.
The proposed legislation cleared the U.S. Senate this month and is awaiting action in the House of Representatives.
One of its most controversial provisions is a "first to file" rule, which would grant patent rights to whoever gets to the Patent Office first - terminating the existing "first to invent" practice, which honors applicants who can document that they were first to conceive an idea or technology.
In a patent infringement case, judgment of district court awarding attorney fees under 35 U.S.C. section 285 to prevailing defendant is reversed where district court committed clear error in holding that the dispute was exceptional.
In a patent infringement case, district court judgment of non-infringement in favor of defendant and order that plaintiff was judicially estopped from changing its position about the nature of the accused product after close of pleadings are affirmed with respect to claim construction, but reversed as to judicial estoppel.
In a trademark infringement dispute involving whether the use of a trademarked name by defendant to advertise its products through search engine searches is a violation of the Lanham Act, 15 U.S.C. section 1114, injunctive relief by district court in favor of plaintiff is reversed where plaintiff failed to show likelihood of confusion.
By DUFF WILSON
Published: March 6, 2011
At the end of November, Pfizer stands to lose a $10-billion-a-year revenue stream when the patent on its blockbuster cholesterol drug Lipitor expires and cheaper generics begin to cut into the company’s huge sales.
The loss poses a daunting challenge for Pfizer, one shared by nearly every major pharmaceutical company. This year alone, because of patent expirations, the drug industry will lose control over more than 10 megamedicines whose combined annual sales have neared $50 billion.