A new case decided by the Federal Circuit Court of Appeals has made it even harder to prove inequitable conduct. Inequitable conduct, which can be asserted by a defendant in a patent infringement suit as an affirmative defense or by a plaintiff in a declaratory judgment action, results in the patent being unenforceable. As is true of patent invalidity, inequitable conduct must be proven by clear and convincing evidence. In M.Eagles Tool Warehouse, Inc. v. Fisher Tooling Company, Inc., 439 F.3d 1335 (Fed. Cir. February 27, 2006), the Federal Circuit held that intent could not be inferred solely from the patent applicant’s failure to disclose a prior art reference. Continue Reading Inequitable Conduct…Disintegrating
Clinical Trial Data Publication – And the FACT Act
By Weintraub Firm on
Posted in Trade Secrets
By, Pam Bertani & April Gatling
Recent controversial media attention regarding the alleged misrepresentation and conveyance of pharmaceutical clinical trial results has spawned action in Congress. Currently pending federal legislation could, if enacted, require publicly accessible, detailed disclosure of clinical trial test results for pharmaceutical and biological products. Such a disclosure requirement will undoubtedly have a significant industry and consumer protection impact on the continued development and sale of pharmaceutical products in the United States. Continue Reading Clinical Trial Data Publication – And the FACT Act
Learn a Lesson from Puffy -Don’t Ignore a Cease and Desist Letter
By Weintraub Firm on
Posted in Copyright Law
By Scott Hervey
A Federal district court jury in Nashville levied a $4.3 million dollar verdict against Sean Combs’ (Puffy) Bad Boy Entertainment, Bad Boy, LLC and Universal Records/UMG Recordings for infringing copyright owned by Bridgeport Music and Westbound records. The suit resulted from the use of a six second sample from the Ohio Player’s Singing in the Morning used by producer Easy Money in the title track to the Universal released Notorious B.IG.’s 1994 album “Ready to Die.” Continue Reading Learn a Lesson from Puffy -Don’t Ignore a Cease and Desist Letter
Your Cell Phone Is A Homing Beacon -Should The Government Be Allowed To Use It Without Showing Probable Cause?
By Weintraub Firm on
Posted in Privacy
Here’s the next step Big Brother is taking toward an Orwellian 1984: Your cellular telephone can pinpoint your location any time it’s turned on. That’s right. Any time your cell phone is turned on and within range of a cellular tower, it is communicating with that tower to broadcast your location. It has to. Otherwise you couldn’t get your incoming calls. Federal law enforcement agencies have figured this out, and if you are someone a federal law enforcement agency is looking for, they are using that to track you. Continue Reading Your Cell Phone Is A Homing Beacon -Should The Government Be Allowed To Use It Without Showing Probable Cause?
A Patent Holder’s Right to Exclude Others – Will the Supreme Court Reverse 100 Years of Precedence?
By Weintraub Firm on
Posted in Patent Law
Last week, the United States Supreme Court heard eBay’s appeal of the Federal Circuit Court of Appeals’ decision issuing a permanent injunction against eBay, which prevents eBay from utilizing the technology involved with its “Buy It Now” purchasing method. The case involves an action brought by MercExchange against eBay alleging that eBay’s “Buy It Now” purchasing method infringes upon three patents held by MercExchange. “Buy It Now” allows an individual to purchase an auction item at a fixed price, rather than through the bidding process. At trial, eBay was found to have infringed two of the three patents alleged in the complaint and ordered to pay monetary damages. The trial court refused to impose a permanent injunction prohibiting eBay’s use of the “Buy It Now” technology. Both parties appealed to the Federal Circuit Continue Reading A Patent Holder’s Right to Exclude Others – Will the Supreme Court Reverse 100 Years of Precedence?