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May 2011
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July 2011

Samsung Takes Apple Dispute to ITC to Block IPhone Imports

By Susan Decker

Samsung Electronics Co. escalated its legal dispute with Apple Inc. (AAPL) over smartphone patents, filing a trade complaint that seeks to block U.S. imports of the iPhone, iPod and iPad.

Samsung, the world’s second-largest maker of mobile phones whose Galaxy devices compete with the iPhone and iPad, claims Apple is infringing five patents, according to a filing with the U.S. International Trade Commission in Washington yesterday. The ITC, which can block imports of products found to violate U.S. patents, must decide if it will investigate Samsung’s claims.

Full story.

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Barclays Capital Inc. v. Theflyonthewall.com, Inc.

In a dispute arising from an action for copyright infringement and the state-law tort of "hot news" misappropriation, judgment of the district court awarding damages and restricting defendant's publication of certain securities trading information is affirmed in part and reversed in part where plaintiffs' hot news misappropriation claim is preempted by federal copyright law.

Download Barclays Capital v. Theflyonthewall

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New patent rules coming

House, Senate must settle differences; bill has backing of White House, big business

By Associated Press

Washington - The House on Thursday voted to rewrite 60-year-old law to give inventors a better shot of obtaining patents in a timely manner and bringing the U.S. patent system in line with those of other industrialized nations.

The legislation also takes steps to help the underfunded U.S. Patent and Trademark Office deal with a backlog that forces inventors to wait three years to get a decision on patent applications and has swamped the agency with some 1.2 million pending applications.

The vote was 304-117, closer than the 95-5 vote by which a similar bill cleared the Senate in March. The two chambers still have to reconcile differences, but the bill has the advantage of being supported by the White House, major business groups, and leaders from both parties.

"This legislation modernizes our patent system to help create private-sector jobs and keep America on the leading edge of innovation," said House Speaker John Boehner (R-Ohio).

Before getting to a final vote, House supporters had to overcome challenges from opponents who charged that the legislation violated the Constitution and would make it more difficult for the small-scale inventor to prevail in disputes with large corporations.

Full story.

Need help protecting your intellectual property? Visit Gehrke & Associates, SC to learn more about how we can help enhance and defend your intellectual property.  Thank you.

Inventio AG v. ThyssenKrupp Elevator Americas Corp.

In a infringement action concerning patents related to elevator systems, district court's grant of summary judgment in favor of defendants is reversed where the district court erred when it concluded that the “modernizing device” and “computing unit” terms were means-plus-function limitations subject to 35 U.S.C. section 112.

Download Inventio AG v. ThyssenKrupp Elevator Americas Corp.

Need help protecting your intellectual property? Visit Gehrke & Associates, SC to learn more about how we can help enhance and defend your intellectual property.  Thank you.

Spectralytics, Inc. v. Cordis Corp.

In a patent infringement action arising from the manufacturing of coronary stents and an exclusive supply contract, judgment of the district court is affirmed in part where the court properly found infringement and awarded damages and injunctive relief, but reversed in part where the court erred in its application of the law of willful infringement.

Download Spectralytics, Inc. v. Cordis Corp.

Need help protecting your intellectual property? Visit Gehrke & Associates, SC to learn more about how we can help enhance and defend your intellectual property.  Thank you.

Singer Management Consultants, Inc. v. Milgram

In an action for attorney fees, arising out of an underlying suit involving New Jersey's Truth in Music Act and the validity of unregistered trademarks under the Act, the district court's denial of fees is affirmed where, under Supreme Court precedent in Buckhannon, 532 U.S. 598 (2001), a party does not prevail‖ within the meaning of 42 U.S.C. section 1988 if it obtains a temporary restraining order the day after it files suit (after a hearing but before briefing from the opposing side), but 22 days later is denied a preliminary injunction because the opposing party‘s voluntary change of position moots the case.

Download Singer Mgmt Consult v. Milgram

Need help protecting your intellectual property? Visit Gehrke & Associates, SC to learn more about how we can help enhance and defend your intellectual property.  Thank you.

Murphy v. Millennium Radio Group LLC

In an action brought by a photographer alleging violation of the Digital Millennium Copyright Act, 17 U.S.C. section 1201(a)(1)(A), copyright infringement, and defamation under state law, summary judgment in favor of the defendants is reversed where there exist triable issues of material facts on all claims.

Download Murphy v. Millennium Radio Group LLC

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TMTV, Corp. v. Logrono

In a copyright infringement action concerning two sitcoms on Puerto Rican television, summary judgment in favor of plaintiff with award reduction is affirmed where: 1) district court properly found that there was no case on liability for a jury; and 2) on the basis of a settlement agreement, an offset in award was needed to prevent recovering twice for the same harm.

Download TMTV, Corp. v. Logrono

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Nokia, Apple Reach Patent Deal, Settle Lawsuits

By Diana ben-Aaron and Kati Pohjanpalo

Nokia Oyj (NOK1V) won an almost two-year patent dispute with Apple Inc. (AAPL), as the world’s largest mobile-phone makers reached a settlement that awards a one-time payment and royalties to the Finnish handset maker.

Nokia rose as much as 4.1 percent in Helsinki trading. The agreement will bolster the Devices & Services unit’s second- quarter profitability, Espoo, Finland-based Nokia said in a statement today. The details of the contract, under which Apple will pay Nokia an undisclosed sum and royalties for the term of the agreement, are confidential, the Finnish company said.

The two mobile-phone makers have been in litigation since October 2009, when Nokia filed a lawsuit accusing Cupertino, California-based Apple of infringing patents. The Finnish company also demanded royalties on the millions of iPhones sold since the device’s introduction in 2007. Nokia said in March it has 46 patents asserted against Apple in civil lawsuits and complaints lodged with the U.S. International Trade Commission.

Full story.

Need help protecting your intellectual property? Visit Gehrke & Associates, SC to learn more about how we can help enhance and defend your intellectual property.  Thank you.

Boston Scientific Corp. v. Johnson & Johnson

In a patent infringement dispute involving drug-eluting coronary stents, summary judgment on the ground that defendant’s claimed patents are invalid, 35 U.S.C. Section 112, is affirmed where no finder of fact could reasonably determine that the asserted claimed patents contained adequate written description.

Download Boston Scientific Corp. v. Johnson & Johnson

Need help protecting your intellectual property? Visit Gehrke & Associates, SC to learn more about how we can help enhance and defend your intellectual property.  Thank you.