News and Articles

Copyright and Architecture

In 2004, the Fourth Circuit revived a two prong test for a copyright claim involving architecture between two home builders in Charles W. Ross Builder, Inc. v. Olsen Fine Home Building, 2012 WL 5447871 (4th Cir. Nov. 8, 2012). Rick and Jennifer Rubin, who wished to build new home, had visited the plaintiff Ross’s model home and received a copy of a brochure, including the “Bainbridge” model allegedly copied by




ITC Pilot Program to Promote Early Adjudication of Dispositive Issues

On June 24, 2013, the International Trade Commission (ITC) announced that it will launch a pilot program for early adjudication of potentially-dispositive issues in Section 337 investigations. This pilot program is part of the Commission’s ongoing efforts to streamline the investigation procedures to reduce the cost of investigations and to expedite the process. Under the new pilot program, the Commission will first select those investigations that appear likely to present




Federal Circuit and Advisory Council Model Orders

On July 22, 2013, a model order relating to the number of asserted claims and prior art references in patent litigations was released on the Federal Circuit Advisory Council’s webpage. The order required that in the first phase, plaintiffs must select 10 claims per patent, and 32 claims total, 40 days after production of “core” technical documents, while defendants are limited to 12 prior art references per patent and 40




The Federal Circuit Rules on Apple v. ITC

On August 7, 2013, the Federal Circuit affirmed-in-part the lower court’s decision in Apple Inc. v. ITC (2012-1338) finding no Section 337 violation in Certain Mobile Devices, and Related Software Thereof (Inv. No. 337-TA-750). The Federal Circuit ruled that Apple’s U.S. Patent No. 7,663,607, which related to a touch panel with a transparent capacitive sensing medium that can detect multiple touches at once, was invalid for anticipation and obviousness, and




FIRREA and Bank Fraud

The U.S. District Court for the Southern District of New York, in U.S. ex rel. O’Donnell v. Bank of America Corp et al., No. 12-01422 (S.D.N.Y. 2013), has endorsed a broad interpretation of a savings-and-loan era law that the Justice Department is trying to use in cases against Wall Street banks. This ruling came as part of a federal case against Bank of America over allegations that it sold toxic




Myriad and Patenting of the Human Gene

The June 2013 Supreme Court decision in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 12-398 (2013) which considered whether portions of human genes may be patented, fueled an extraordinary amount of heated discussion for an intellectual property case. The patents at issue in Myriad concern mutated genes associated with increased risk of breast and ovarian cancer. Health care advocates worried that a ruling in favor of patentability would make




The White House on ITC Section 337

On June 4, 2013, the International Trade Commission (ITC) issued its Notice of Final Determination in the ’794 Investigation finding that Apple had violated Section 337 with respect to one of Samsung’s patents. Based on this determination, the Commission issued both a limited exclusion order and cease and desist order barring Apple from importing its iPhone 4, iPhone 3GS, iPad 3G, iPad 3 and iPad 2 models for sale in




The Lanham Act and Jim Brown

On July 31, 2013, the Ninth Circuit affirmed dismissal of the Lanham Act claims brought by Jim Brown, a former NFL star, against video game developer Electronic Arts, Inc. (EA). The court concluded that the Rogers balancing test was the appropriate standard to evaluate defendant EA’s use of Brown’s likeness in video games, and since the use of his likeness was artistically relevant to games, it is protected by the




Patent Attorney

In WiAV Solutions LLC v. Motorola, Inc., No. 10-1266 (Fed. Cir. Dec. 22, 2010), the Federal Circuit broadened the scope of exclusive license by holding that “a licensee is an exclusive licensee of a patent if it holds any of the exclusionary rights that accompany a patent.” The licensing rights at issue were held by six third-parties and seven patents owned by Mindspeed Technologies, Inc. After a series of spin-offs




Employee Access vs. Misappropriation of Trade Secrets

The Michigan District Court in Dana Limited v. American Axle and Manufacturing Holdings, Inc., 1:10-cv-00450 (W.D. Mich. Aug. 19, 2013) addressed an important aspect of a trade secret misappropriation claims, holding that the mere fact that a former employee had access to a valid trade secret does not necessarily mean that he or she misappropriated the trade secret just, by the act of accepting employment at a competing company. In May