In an unprecedented ruling this summer, the British Columbia Court of Appeal (BCCA) ordered Google Inc. to block certain websites – not just from its Canadian search engine but from its worldwide search engine too. See Equustek Solutions Inc. v. Google, Inc., 2015 BCCA 265. This decision, along... read more
The cease and desist letter - the infamous “legal nastygram,™” is the stuff of nightmares for business owners large and small. They rock confidence, paralyze business owners who aren’t sure what to do next, and are an all around “pain in the patoosh” (technically and legally speaking, of course).So... read more
In a decision handed down several days ago, the Federal Circuit ruled in Dome Patent L.P. v. Lee, No. 2014-1673, 2015 U.S. App. LEXIS 15674 (Fed. Cir. Sep. 3, 2015) that the “preponderance of the evidence” standard still applies in U.S. Patent and Trademark Office (“PTO”) ex parte reexamination... read more
A few years ago, there seemed to be a consistent approach to personal jurisdiction in Hatch-Waxman cases.  Generic drug manufacturers typically file new drug applications throughout the country and district courts would assert general jurisdiction over them because there was no “real” act of... read more
In what is an unusual set of facts, a court recently disqualified a law firm from acting as trial advocates in a case where the lead litigation attorney also prosecuted the patents-in-suit and was deemed to be a lawyer-as-witness. The court determined that all attorneys who participated in the... read more
Did you know that July is National Ice Cream month?   To celebrate I decided that a perfect blog post is a discussion about ice cream and intellectual property litigation.  So, this post is dedicated to “ice cream, you scream, we all scream for ice cream!”   There have... read more
Trade secrets litigation isn’t discussed as often as patent, trademark, and copyright litigation, but it is important to stay abreast of, nevertheless.  At the moment, unlike the other three areas mentioned above, there is no federal statutory scheme for trade secrets. However, 48 states (all... read more
On this one year anniversary of the Supreme Court’s decision in Alice Corp., much of the Section 101 jurisprudence still remains a little jumbled, which gave us at Dunlap Codding, an idea: What would Alice and its progeny look like as word jumbles?The above word jumble depicts the most frequently... read more
A District Court split regarding how courts apply the Alice Corp. decision that recently came to my attention borders on the ridiculous (pun intended). The Eastern District of Texas recently posted an interesting sample patent docket control order (hat tip Ryan Davis, Law360) stating, “Parties... read more
On June 13, 2013, the Supreme Court ruled in the Myriad gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.) that patent claims directed to isolated DNA that are identical to the naturally occurring sequence are not patent eligible. In a unanimous opinion, the Court held... read more
The number of patent infringement lawsuits increased by 22 percent during 2011 compared with the year before, reaching the highest level ever recorded, according to a report by PricewaterhouseCoopers.The increase was due in part to the America Invents Act (“AIA”), which took effect in September of... read more
As reported by Gamezone on January 4, a new rumor has surfaced about the development of the next generation Xbox, or Xbox 720 – a clever twist on the current Xbox 360 title, due to a patent recently granted to Microsoft.  United States Patent No. 8,083,593 was issued on December 27, 2011, and... read more
In what appears to to be the first dismissal of a declaratory judgment action post the Supreme Court’s decision in MedImmune, a court in Minneapolis dismissed two counts seeking declaratory judgment of non-infringement and invalidity (Case 08–cv-00816). According to the ruling: “However, although... read more
It is getting very "springy" here in Oklahoma and folks are getting a bit goofy - so, I guess it should come as no surprise that we have been chuckling about this snippet from my RSS reader tonight... If you were wondering what this is about - have a read over at Politico for the full angst,... read more
A couple of months ago I came across Mike Dillon’s blog – The Legal Thing – covering all things legal from the perspective of General Counsel at Sun.  As GC for Sun, Mike’s daily routine must entail a significant amount of attention to... read more