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Intellectual Property Law

Maryland Intellectual Property Law Blog

Analysis of relevant case law, summaries of pending litigation, statistical information, and miscellaneous commentary relating to intellectual property issues affecting Maryland businesses, individuals and governments.
By Brian Wm. Higgin

Post Frequency: 20.7/day

Last Entry: December 13, 2009 at 14:36:44

Pinkberry v. Yogiberry

Posted on September 10, 2008
Pinkberry, Inc. v. Yogiberry, Inc., No. 8:2008cv02355 (D. Md. filed Sep. 9, 2008); assigned to J. Titus California-based Pinkberry, Inc. is a wildly popular upscale frozen yogurt restaurant with stores in New York and California...

Maryland IP Law Blog Wordle

Posted on September 08, 2008
Below is a Wordle based on the last several months worth of posts on this website. A Wordle is a “word cloud” generated from text in which greater prominence is given to words that appear more frequently in the source text...

Trademark Applications, IP Lawsuit Filings, and Technology Spending in Maryland

Posted on September 04, 2008
2008 Maryland trademark filings and registrations continue to trail 2007 numbers: Wake County, North Carolina, Superior Court Judge Donald Stephens ruled September 3, 2008, that two Chinese companies and a former Serenex employee must pay Serenex $57...

Recent Popular Searches for Maryland IP Law Info

Posted on August 31, 2008
Thank you for visiting the Maryland IP Law Blog; I appreciate all the traffic, posted comments, and frequent emails. While you're here, please visit the revised "About" page, which was updated to contain more concise biographical information...

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Conspiracy Theory Fails to Convince Federal Circuit

Posted on August 25, 2008
Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 2007-1448 (Fed. Cir., argued March 7, 2008; opinion August 25, 2008) Petersburg, Virginia-based Star Scientific, Inc., sued R.J. Reynolds Tobacco Co. for infringement of U...

Hillcrest Labs Sues Nintendo and Its Wii Video Game

Posted on August 24, 2008
Hillcrest Laboratories, Inc. v. Nintendo Co., Ltd. et al Hillcrest Labs sued Nintendo of America (Redmond, WA, and Kyoto, Japan), maker of the widely-popular "Wii" (TM), for patent infringement on August 20, 2008, in the US District Court for the District of Maryland one day after its U...

Patent Lawsuit Filings Down in July 2008

Posted on August 13, 2008
According to statistics compiled by Kyle Fleming at the Patent Appeal Tracker Blog using PACER data, there were 241 patent litigation cases filed in July 2008 in 50 different judicial districts. That's 14 fewer lawsuits than in June 2008...

Maryland's SafeNet Patented Technology Secures Beijing Olympic Coverage

Posted on August 11, 2008
Maryland's SafeNet announced earlier this month that it had been hired by CCTV, the national television network of the People's Republic of China, to secure from copyright infringement CCTV's live and on-demand online video footage of the 2008 Summer Olympic Games...

Senate Passes Legislation Impacting IP Laws

Posted on August 06, 2008
Senate Passes Bill to Fix Administrative Law Judge Status Reacting to revelations that several PTO Administrative Law Judges may have been appointed to their positions without proper authority, the Senate introduced and then passed S.3295 on July 22, 2008...

Number of IP Lawsuits Increases in Maryland

Posted on August 05, 2008
Even in soft economic times, companies continue to protect their intellectual property assets. According to statistics available from Justia.com, 63 complaints alleging liability under patent, copyright, and/or trademark laws were filed in the U...

Federal Circuit Considers Whether Justiciable Case or Controversy Exists in Hatch-Waxman Case

Posted on July 26, 2008
Merck & Co. Inc. v. Apotex Inc., No. 2007-1362 (Fed. Cir. July 16, 2008) (non-precedential) In this appeal, the Federal Circuit affirmed and vacated a decision by the U.S. District Court for the District of Delaware (J...

eBay's Liability for Counterfeit Goods Sold on its Website Decided

Posted on July 15, 2008
"eBay tumbled Tiffany's carefully stacked legal arguments," writes law professor and Counterfeit Chic blogger Susan Scafidi. On Monday, the U.S. District Court for the Southern District of New York held that eBay is not liable to Tiffany & Co...

TTAB: Dont Overreach When Identifying Services Associated With One's Trademark

Posted on July 12, 2008
In Grand Canyon West Ranch v. Hualapai Tribe, TTAB No. 91162008 (June 30, 2008), the Trademark Trial and Appeal Board found that an applicant, not registrant, committed fraud on the Trademark Office when it represented to the Office that it provided services in association with its mark GRAND CANYON WEST that, in fact, it did not offer...

Targeted Patent Reform Legislation: Cutting Some Slack for Missed Deadlines

Posted on July 11, 2008
35 U.S.C. § 156(d)(1) requires the submission of a patent term extension (PTE) application within 60 days from the date the patentee obtains permission from the FDA to commercially market or use a drug product that is the subject of a new drug application (NDA)...

New Blog Covers "Green" Patents

Posted on July 05, 2008
Eric Lane, a patent attorney at Luce, Forward, Hamilton & Scripps in the firm's Intellectual Property and Climate Change & Clean Technologies practice groups, publishes the Green Patent Blog. This relatively new website is dedicated to discussing and analyzing intellectual property issues relating to clean technologies and renewable energy...

Federal Trademark Trends in Maryland: First Half 2008

Posted on July 03, 2008
U.S. Patent & Trademark Office (PTO) records show that for the period January through June 2008, the PTO received 28 trademark applications from Maryland resident or entities (based on a search of "owner address" records using TESS)...

Number of Patents Issued to Marylanders Continues Recent Trends

Posted on July 02, 2008
U.S. Patent & Trademark Office (PTO) records show that for the period January through June 2008, the PTO granted 986 patents naming at least one Maryland resident as an inventor or joint inventor (based on residence addresses supplied by patent applicants to the PTO)...

Copyright Office Announces Electronic Registration

Posted on July 01, 2008
Last September, the Copyright Office issued an announcement that it had begun beta testing of its web-based registration system, which was part of a new "electronic Copyright Office" (eCO) program (see Copyright Office Announces Electronic Registration Testing)...

Alleging Infringement by Corporate Officers Requires More Than Just Bare Allegations

Posted on June 21, 2008
Nacre AS v. Silynx Communications, Inc., No. 07-cv-02676, filed Oct. 2, 2007; assigned to J. Williams. Plaintiff Nacre AS is a Norwegian company that alleges ownership of U.S. registered trademark QUIETPRO, as well as U...

Grimm's Guide to Asserting Attorney-Client Privilege

Posted on June 12, 2008
In Victor Stanley, Inc. v. Creative Pipe, Inc., No. 06-2662 (D. Md. May 29, 2008), U.S. Chief Magistrate Judge Grimm describes the proper means for asserting that documents are protected or immune from discovery because of the attorney-client privilege or attorney work product doctrine...

E-Discovery: Inadvertent Disclosure of Privileged Documents May Waive Attorney-Client Privilege

Posted on June 08, 2008
U.S. Chief Magistrate Judge Paul W. Grimm is a leading jurist in the field of electronic discovery. In Victor Stanley, Inc. v. Creative Pipe, Inc., No. 06-2662 (D. Md. May 29, 2008), Judge Grimm discusses the approach the U.S...

Trade Secret Lawsuits on the Rise

Posted on May 23, 2008
Hat tip to the Womble Carlyle Trade Secret Blog for publishing interesting statistics about trade secret lawsuits filed in the US. In its post a few weeks ago, the Womble bloggers reported the results of their search of the Westlaw federal database (federal district, appeals and Supreme Court cases) for the term "trade secrets," which returned 905 cases for 2007...

Copyright: New Rules and Other News

Posted on May 21, 2008
Copyright Office Publishes Notice of Proposed Rulemaking to Amend Current Regulations Governing Group Registrations In its Notice of Proposed Rulemaking, the Copyright Office is proposing to amend 37 CFR Part 202, the current regulations governing group registrations, to allow the grouping of individual works on one registration application...

Discussion: IP Licensing Issues Impacting Maryland Entities

Posted on May 19, 2008
The Maryland State Bar Association - Intellectual Property Section is co-sponsoring a rountable discussion this Wednesday concerning IP licensing issues. The "IP Licensing Issues from an In-House Perspective: A Roundtable Discussion" event is being presented shortly after registration beginning at 8:00 AM...

Maryland IP Litigation 2008: Lawsuit Summaries

Posted on May 17, 2008
Below are summaries of recent IP-related lawsuits filed in the the U.S. District Court for the District of Maryland in 2008 (source: Justia). Magnus v. Association of Pet Dog Trainers, No. 8:2008cv00850; filed April 4, 2008; assigned to J...

Exporting Technology Information to Colleagues Abroad Requires License

Posted on May 10, 2008
Employees of Maryland companies with R&D, manufacturing, and other capabilities located outside the US may be tempted to collaborate with their counterparts located abroad. It's important to remember, however, that exporting technology information outside the US is highly regulated by several US agencies...

PRO-IP Bill Passes in House of Representatives

Posted on May 09, 2008
By an overwhelming majority, the House of Representatives on May 8, 2008, passed, by roll call vote, H.R. 4279, the "Prioritizing Resources and Organization for Intellectual Property (Pro-IP) Act of 2008." According to govtracks, the vote was held under a suspension of the rules to cut debate short and pass the bill (a move that needed a two-thirds majority)...

Maryland IP Litigation 2008: Lawsuit Summaries

Posted on May 08, 2008
Below are summaries of recent IP-related lawsuits filed in the the U.S. District Court for the District of Maryland in 2008 (source: Justia). Emerson Electric Co. v. John Does 1-10, No. 1:2008cv00734; filed March 20, 2008; assigned to J...

Patent Office Will Accept New Application Format

Posted on April 29, 2008
The US Patent & Trademark Office (USPTO), the European Patent Office (EPO), and the Japan Patent Office (JPO) agreed on a common patent application format (CAF), which is shown below. The USPTO states that its rules and procedure are consistent with the CAF, and that while some of the requirements of the CAF go beyond what the USPTO requires, the USPTO will accept an application in the CAF...

Patent Reform Act Legislation Stumbles in Senate

Posted on April 18, 2008
Below are links to and highlights of recently published blog posts discussing current events relating to the Patent Reform Act of 2007 (s.1145). It appears from all accounts that Sen. Arlen Specter (R-Pa.), ranking minority member of the Senate Judiciary Committee, and his Republican caucus, may block pending patent reform legislation until there is a "fair and equitable treatment" on the confirmation of federal judges, and resolution of provisions concerning apportionment of damages for patent infringement...

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