Inequitable Conduct After Therasense: Definitely Harder to Prove

Specific intent to deceive the USPTO did not exist where an inventor removed mention of a reference from his patent application, and then testified that the “reference was cumulative or merely provided background information… Read More

Answering an In Rem Action Against a Domain Name under the ACPA

The Anti-cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) allows a trademark owner to “file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain name regist… Read More

A Narrow View of "Loss" under the CFAA

A recent case takes a narrow view of the “loss” that will sustain a civil action under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, a criminal statute that includes a right of civil suit favored by many plainti… Read More

Patent Infringement: Summary Judgment Fails Under the Doctrine of Equivalents

When is a patent infringement defendant entitled to summary judgment of non-infringement under the doctrine of equivalents?  That question was addressed in CSB-Systems International, Inc. v. SAP America, Inc., No. 10-2156 (E.D. P… Read More

Preliminary Injunction for Software Copyright Infringement

When can a plaintiff obtain a preliminary injunction relating to a customer’s use and distribution of copyrighted software beyond the scope of the customer’s license?  The court in Accusoft Corp. v. Quest Diagnostics,… Read More