Irreparable harm in preliminary injunctions and inevitable disclosure
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This month’s litigation group presentation includes a discussion of the state of the law regarding preliminary injunctions in trademark infringement cases. The presentation also examines similar issues with respect to trade secret infringement, particularly as they relate to the doctrine of inevitable disclosure.
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This document summarizes key intellectual property law topics discussed at a prosecution luncheon on April 18, 2013. It discusses a TTAB analysis of different types of Section 2(e) refusals, an Indiana state court case on cyberpiracy and trademark law, the opening of the Trademark Clearinghouse for new generic top-level domains, and precedential TTAB and Federal Circuit cases on a variety of trademark and patent issues.Working with Widgets
Woodard, Emhardt partner Charlie Meyer was the featured speaker at the November 30th, 2010 meeting of the Rotary Club of Indianapolis. Mr. Meyer’s presentation included a humorous and educational look at aspects of patent and trademark law, in addition to noting how aspects of intellectual property have affected local interests over the years.
AIA Foreign Priority Presentation Mar-20-2013
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The presentation discusses techniques for speeding up allowance of patent applications at the US Patent and Trademark Office (USPTO). In particular, the presentation discusses the After Final Consideration Pilot Program 2.0 which can help applicants avoid Requests for Continued Examination (RCEs).September 2011 Patent Group Lunch
The America Invents Act was passed by Congress and is expected to be signed by the President on Friday. Most provisions will take effect either 12 or 18 months after enactment. Key changes include moving from a first to invent to a first to file system, new post-grant review procedures such as inter partes review, allowing supplemental examination to address possible inequitable conduct, and expanding the prior user defense.
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Ambush Marketing and Clean Zone Ordinances for the Upcoming 2012 Indianapolis...
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The presentation discusses ambush marketing and ways to combat it. The presentation also covers laws used to prevent ambush marketing, such as the Olympics Symbol Act in relation to the 2012 Olympics in London, and the clean zone ordinances, adopted by Dallas for the 2011 Super Bowl as well as Indianapolis for the 2012 Super Bowl.
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Take Down Provisions: Copyright First. Now Trademark. What Next?
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April 2013 Patent and Trademark Prosecution Group Luncheon
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AssignmentsCase file for report.docxPage 1 of 2 DOCUM.docx
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Page
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XIMPLEWARE CORP., Plaintiff, v.VERSATA SOFTWARE, INC.; TRILOGY DEVELOPMENT GROUP, INC.; AMERIPRISE FINANCIAL, INC.; and AUREA SOFTWARE, INC., Defendants.
No. C 13-05160 SI
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
2013 U.S. Dist. LEXIS 172411
December 6, 2013, Decided
December 6, 2013, Filed
CORE TERMS: discovery, expedited, preliminary injunction, restraining order, temporary, software, license, deposition, declaration, discovery requests, patent infringement, irreparable injury, inclusion, copyright infringement, good cause, irreparable harm, infringement, injunction, injunctive, subpoena, issuance, patent, Lanham Act, ex parte application, declaratory relief, narrowly tailored, overbroad, patch
COUNSEL: [*1] For XimpleWare Corp, Plaintiff: Ansel Jay Halliburton, Christopher Joseph Sargent, LEAD ATTORNEYS, Jack Russo, Computerlaw Group LLP, Palo Alto, CA.
For Versata Software, Inc., a Delaware corporation formerly known as Trilogy Software, Inc., Trilogy Development Group, Inc., a California corporation, Defendants: David C. Bohrer, LEAD ATTORNEY, Valorem Law Group, San Jose, CA; Alisa Anne Lipski, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., Houston, TX; Amir Alavi, PRO HAC VICE, AZA, Houston, TX; Benjamin Francis Foster, PRO HAC VICE, Ahmad, Zavitsanos, Anaipakos, Alavi Mensing, P.C., Houston, TX.
For Ameriprise Financial, Inc., a Delaware corporation, Ameriprise Financial Services, Inc., a Delaware corporation, Aurea Software, Inc., a Delaware corporation also known as Aurea, Inc., Defendants: David C. Bohrer, LEAD ATTORNEY, Valorem Law Group, San Jose, CA; Case Collard, Denver, CO; Gregory Scot Tamkin, Dorsey & Whitney LLP, Denver, CO.
JUDGES: SUSAN ILLSTON, UNITED STATES DISTRICT JUDGE.
OPINION BY: SUSAN ILLSTON
OPINION
ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND DENYING PLAINTIFF'S REQUES FOR EXPEDITED PRELIMINARY DISCOVERY
On December 4, 2013, the Court held a hearing [*2] on plaintiff's ex parte application for a temporary restraining order, request that the Court order defendants to show cause why a preliminary injunction should not issue, and request for expedited discovery. Counsel for plaintiff and defendants argued at the hearing. For the foregoing reasons, the Court DENIES plaintiff's applications for a temporary restraining order and order to show cause, and DENIES plaintiff's request for expedited preliminary discovery.
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The document summarizes various patent office news items and rulings. It discusses a new computer-based training on e-petitions filed with the USPTO, as well as a recent Federal Circuit case confirming that examiners must interpret means-plus-function claim limitations based on the corresponding structure from the specification. It also provides updates on proposed changes in Brazil and Canada, including Brazil automatically granting long-pending applications and Canada's Supreme Court ruling that invalidated the "Promise Doctrine" used to invalidate patents.
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Marta Paul spoke on recent developments in US trademark law at the August practice group lunch. Topics included the Supreme Court’s decision in Matal v. Tam on “disparaging” trademarks, as well as how the USPTO is handling similar parts of the trademark statute in the wake of the decision. More news from the USPTO included a new examination guideline on “merely informational matter” and recent cases from the TTAB. Finally, Marta discussed a recent precedential decision from the Court of Appeal for the Federal Circuit, In re I.AM.SYMBOLIC, LLC, involving likelihood of confusion and the effect of subject matter limitations in the identifications of goods or services used in trademark applications.
2017 March Patent Prosecution Lunch
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February 2017 Patent Prosecution Lunch
The document discusses a Web-Based Issue Fee Form (Web 85b) that can be accessed online with a password through a provided URL or by submitting a USPTO Change of Address for Practitioners Form. It also summarizes a Patent Trial and Appeal Board decision that dismissed three Inter Partes Review proceedings against the University of Florida Research Foundation based on the university's claim of sovereign immunity, as well as new USPTO subject matter eligibility examples related to business methods that are available at a provided URL.
Alice Corp Update 2016 Cases
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2017 January Patent Prosecution Lunch
The document summarizes several new patent programs and initiatives:
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2) The eMod Text Pilot Program allows uploading and downloading applications and office actions as text documents. It has requirements for document formatting and supported fonts.
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2016 September Patent Prosecution Lunch
The OIG report identified significant amounts of unsupported work hours by patent examiners at the USPTO, equating to millions of dollars in potential waste. Specifically, the report found approximately 138,000 unsupported hours over 9 months and over 288,000 unsupported hours over 15 months. A number of examiners with high amounts of unsupported hours received above-average performance ratings. The report also found issues with USPTO policies that limit its ability to prevent and detect time and attendance abuse. The OIG provided recommendations to address these issues.
2016 August Patent Prosecution Lunch
This document provides information about various options for responding to a final rejection from the USPTO, including the After Final Consideration Pilot Program (AFCP), Pre-Appeal Brief Review, and the new Post-Prosecution Pilot (P3). The AFCP allows filing a response with a non-broadening amendment without an RCE fee. Pre-Appeal Brief Review involves filing a notice of appeal and brief for panel review. P3 allows filing arguments and an optional amendment for panel consideration without an RCE. The document compares the options and provides guidance on which to select based on the examiner's position and whether an appeal is ready to be filed.
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2016 07-Patent Prosecution Lunch
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January 2016 Patent Prosecution Lunch
This document summarizes several topics from a prosecution luncheon in January 2016. It describes recent outages on the USPTO EFS-Web system and an upcoming Supreme Court case on inter partes review. It also summarizes a Massachusetts Supreme Court decision on subject matter conflicts and new features for filing a corrected or enhanced initial web-based application data sheet. Finally, it lists upcoming events from the Indianapolis Bar Association.
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