This document summarizes an article that examines the validity of intellectual property (IP) carve-outs in arbitration clauses in light of recent legal developments. It discusses how IP carve-outs are commonly used to exclude IP issues from arbitration, but cites justifications for this are weakening. Recent court rulings have made interim injunctions in IP disputes more difficult to obtain, and separating IP issues from other contractual issues is challenging, leading to prolonged disputes. Additionally, arbitration institutions have strengthened rules for interim relief in IP matters. Therefore, the document concludes IP carve-outs may not provide intended benefits and add unnecessary costs and delays.
Patent litigation isn’t what it used to be.
Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a “brave new world.”
The extraordinary two-year legal saga of Pintrips has ended in a California U.S. federal court.
In a bench trial, a judge sided with Pintrips, ruling that the travel-planning site can’t be blocked from using its like-sounding name.
The judge found that Pintrips invented its name by its own efforts. He was persuaded by the evidence that “pin” has been a term in generic use among the computer savvy prior to the existence of Pinterest.
Two years ago Pinterest, which claims to be the country’s third-most visited social network, alleged that Pintrips chose a name similar to its own and thus infringed on its trademark.
But despite the risk of significant legal costs and distraction, Pintrips defended itself until the end, represented by the law firm Kenyon & Kenyon.
SecTor 2009 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Strauchs Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device’s transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server/jurisdiction-hopping platforms, or on social networking sites. Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
Patent litigation isn’t what it used to be.
Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a “brave new world.”
The extraordinary two-year legal saga of Pintrips has ended in a California U.S. federal court.
In a bench trial, a judge sided with Pintrips, ruling that the travel-planning site can’t be blocked from using its like-sounding name.
The judge found that Pintrips invented its name by its own efforts. He was persuaded by the evidence that “pin” has been a term in generic use among the computer savvy prior to the existence of Pinterest.
Two years ago Pinterest, which claims to be the country’s third-most visited social network, alleged that Pintrips chose a name similar to its own and thus infringed on its trademark.
But despite the risk of significant legal costs and distraction, Pintrips defended itself until the end, represented by the law firm Kenyon & Kenyon.
SecTor 2009 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Strauchs Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device’s transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server/jurisdiction-hopping platforms, or on social networking sites. Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
Partner Michael Fuller wrote an article for the Bloomberg BNA - Pharmaceutical Law & Industry Report discussing how the PTAB may be taking a more balanced approach in biotech and pharmaceutical IPRs.
Experience Mazda Zoom Zoom Lifestyle and Culture by Visiting and joining the Official Mazda Community at http://www.MazdaCommunity.org for additional insight into the Zoom Zoom Lifestyle and special offers for Mazda Community Members. If you live in Arizona, check out CardinaleWay Mazda's eCommerce website at http://www.Cardinale-Way-Mazda.com
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Form objections to deposition questions are dated and boilerplateAdam Glazer
Object to the form of the question. While it’s a technically permissible and proper deposition objection, it generally proves of limited utility beyond venting.
Most litigators have, however, encountered at least one opponent who believes in repeating this line after virtually every worthwhile deposition question.
Whether that opponent rigidly interprets Federal Rule of Civil Procedure 32(d)(3)’s waiver rule on depositions or simply desires to disrupt the examination’s flow, many flawless inquiries face baseless form objections.
Legally Correct But Technologically Off the Mark - The Case of Arie GengerMark Hyde
Trump v Arie Genger involved the battle for control of an investment company known as TRI,. The dispute was between the Trump Group, the new owners, and Arie Genger, the original owner. As is standard in such cases, the court entered a “status quo order”, enjoining both parties from “tampering with, destroying, or in any way disposing of any Company-related documents, books, or records.”
Legal Brief by Awais Wrongful Prosecution Process by SEC against Charles Dus...Charles J Dushek
The foremost object of this research article is to narrate the story of Mr. Charles J. Dushek with respect to the legal battle fought by him against the United States Securities and Exchange Commission (“SEC”) and the Department of Justice (DOJ), wherein, he had been made victim of wrongful prosecution through cherry picking allegations that resulted into unjust indictment charges.
Visit - http://charlesjdushek.com/
Beautiful artificial vines & artificial garlandsgreeneryimport
Discover high quality Artificial Vines and Artificial Garland available on Greenery Imports at discount price and decor your home with these Artificial Vines.
Partner Michael Fuller wrote an article for the Bloomberg BNA - Pharmaceutical Law & Industry Report discussing how the PTAB may be taking a more balanced approach in biotech and pharmaceutical IPRs.
Experience Mazda Zoom Zoom Lifestyle and Culture by Visiting and joining the Official Mazda Community at http://www.MazdaCommunity.org for additional insight into the Zoom Zoom Lifestyle and special offers for Mazda Community Members. If you live in Arizona, check out CardinaleWay Mazda's eCommerce website at http://www.Cardinale-Way-Mazda.com
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Form objections to deposition questions are dated and boilerplateAdam Glazer
Object to the form of the question. While it’s a technically permissible and proper deposition objection, it generally proves of limited utility beyond venting.
Most litigators have, however, encountered at least one opponent who believes in repeating this line after virtually every worthwhile deposition question.
Whether that opponent rigidly interprets Federal Rule of Civil Procedure 32(d)(3)’s waiver rule on depositions or simply desires to disrupt the examination’s flow, many flawless inquiries face baseless form objections.
Legally Correct But Technologically Off the Mark - The Case of Arie GengerMark Hyde
Trump v Arie Genger involved the battle for control of an investment company known as TRI,. The dispute was between the Trump Group, the new owners, and Arie Genger, the original owner. As is standard in such cases, the court entered a “status quo order”, enjoining both parties from “tampering with, destroying, or in any way disposing of any Company-related documents, books, or records.”
Legal Brief by Awais Wrongful Prosecution Process by SEC against Charles Dus...Charles J Dushek
The foremost object of this research article is to narrate the story of Mr. Charles J. Dushek with respect to the legal battle fought by him against the United States Securities and Exchange Commission (“SEC”) and the Department of Justice (DOJ), wherein, he had been made victim of wrongful prosecution through cherry picking allegations that resulted into unjust indictment charges.
Visit - http://charlesjdushek.com/
Beautiful artificial vines & artificial garlandsgreeneryimport
Discover high quality Artificial Vines and Artificial Garland available on Greenery Imports at discount price and decor your home with these Artificial Vines.
The world’s fisheries provide about 2.6 billion people with at least 20 per cent of their average annual per capita protein intake (FAO, 2007).In india clupeids are the major fish resource.This presentation deals about fisheries aspects of some clupeid varieties except sardines in India.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
PELTON PowerPoint: ABA Cyberspace Institute 2011-01-28erikpelton
"Trademark Strategies for 2012" Presentation to the American Bar Association's Cyberspace Institute in Austin Texas on January 28, 2011. The presentation explores recent changes to the practice of trademark law, and what the future might hold for trademark owners and attorneys who advise them.
Litigation Activities May Be Insufficient To Obtain An Exclusion Order: Motiv...SHIMOKAJI IP
Patent owners often initiate concurrent proceedings against infringers in US district court and the International Trade Commission (ITC). The district court provides an avenue for an award of damages. The ITC provides an avenue for an order excluding the importation of infringing goods into the US.
The Federal Circuit, in Motiva v ITC, continues to create a barrier to jurisdiction before the ITC for those patent owners, such as Non-Practicing Entities (NPEs), whose business is focused on licensing and litigation.
For more information, contact info@shimokaji.com; www.shimokaji.com
1. Examining the Utility of IP
Carve-Outs in Light of Recent
Developments in US
Jurisprudence and
International Arbitration
by
Junghye June Yeum
Reprinted from
(2012) 78 Arbitration 279-285
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