IP: How not to drown in the dynamic IP ocean
The practice of intellectual property law was much simpler 25 years ago
July 23, 2013 at 05:15 AM
4 minute read
The original version of this story was published on Law.com
The practice of intellectual property law was much simpler 25 years ago. Practice before the U.S. Patent and Trademark Office (PTO) was straightforward; the rules and procedures for patent and trademark prosecution seldom changed. The electronic revolution had not yet arrived to try and completely undermine copyright law. A two-person trial team could easily and effectively handle IP litigation because, back then, the scope of the paper discovery and complexity of a trial were readily manageable. Foreign IP disputes were almost unheard of.
But then, scientific developments, the Internet and subsequently the public electronic world, and, quite frankly, the drive for non-practicing entities (NPEs) and their lawyers to make money through patent litigation changed all that. NPEs are companies that make money by buying up patents and licensing them to others; they do not make or sell products.
The debate continues as to whether IP and unbridled IP litigation are means to encourage innovation by rewarding the innovators, or means for blocking innovation by preventing or discouraging others from using the technology or ideas to improve them further. Litigation costs and the ease of instituting frivolous IP litigation are seen as problems. Many disagree as to how the IP laws of one country can be used to punish activities occurring in another country. Critics question what may and may not be patented regarding biotechnology and business methods. The Internet has blurred the lines as to what information is free for all in the public domain or protectable by copyright law for the exclusive use by the copyright owner. The electronic workplace has made it easier for wrongdoers to take a company's trade secrets and other valuable information via flash drives and the like. There are countless other tensions.
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Who Got The Work
Charles A. Weiss of Holland & Knight has entered an appearance for Rafael Badalov in a pending trademark infringement lawsuit. The suit, filed July 26 in New York Eastern District Court by Lee Law on behalf of Otter Products LLC, accuses the defendant of selling counterfeit phone cases and accessories bearing the plaintiff's 'OtterBox' trademark. The case, assigned to U.S. District Judge Nina R. Morrison, is 1:24-cv-05214, Otter Products, LLC v. Badalov et al.
Who Got The Work
Gibson, Dunn & Crutcher partners Benjamin Hershkowitz, Richard W. Mark and Casey J. McCracken and R. Scott Johnson, Thomas M. Patton and Cara S. Donels have entered appearances for Berkshire Hathaway Energy Co. and MidAmerican Energy Co., respectively, in a pending patent infringement lawsuit. The case, filed July 17 in Iowa Southern District Court by Nyemaster Goode PC and Caldwell Cassady & Curry on behalf of Midwest Energy Emissions Corp., asserts six patents related to sorbents for the oxidation and removal of mercury. The case, assigned to U.S. District Judge Stephen H. Locher, is 4:24-cv-00243, Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al.
Who Got The Work
Michael J. Hickey and Michael L. Jente of Lewis Rice LLC have stepped in to represent Tidal Wave Management in a pending trademark infringement lawsuit. The case, filed July 18 in Missouri Western District Court by Husch Blackwell on behalf of Waterway Gas & Wash Co., accuses the defendant of using a mark that's confusingly similar to the plaintiff's 'Clean Car Club' mark. The case, assigned to U.S. District Judge Fernando J. Gaitan Jr., is 4:24-cv-00471, Waterway Gas & Wash Company v. Tidal Wave Management LLC.
Who Got The Work
Wachtell, Lipton, Rosen & Katz partners Lauren M. Kofke and William Savitt have stepped in to represent CVS Health and and its top officials in a pending shareholder derivative lawsuit. The complaint, filed Aug. 30 in New York Southern District Court by the Brown Law Firm on behalf of Chaya Sara Kaufmann, accuses the defendants of failing to disclose that they used misleading forecasts to set premium plans which overstated the profitability of the company's health care benefits segment. The case, assigned to U.S. District Judge Margaret M. Garnett, is 1:24-cv-06595, Kaufmann v. Lynch et al.
Who Got The Work
Robert L. Wallan from Pillsbury Winthrop Shaw Pittman has entered an appearance for Findlay Management Group in a pending complaint for declaratory judgment. The complaint, filed on Aug. 8 in Nevada District Court by Gordon Rees Scully Mansukhani and Skarzynski Marick & Black on behalf of Houston Casualty Co., seeks to declare that no insurance policy exists between Houston Casualty and Findlay due to there not being an adequate form of delivery and claims that if delivery was substantiated it is rescinded based on material omissions and misrepresentations. The case, assigned to U.S. District Judge Gloria M. Navarro, is 2:24-cv-01459, Houston Casualty Company v. Findlay Management Group.
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