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Intellectual Property
Technology Giants Apple, Samsung Agree to Mediation in Patent Dispute
By Beth Graham - January 21, 2014
Electronics giants Apple, Inc. and Samsung Electronics Co. have reportedly agreed to engage in mediation over the companies’ latest technology dispute.
Developing a Framework for Arbitrating Standards-Essential Patent (SEP) Disputes
By Beth Graham - November 8, 2013
Jorge L. Contreras, Associate Professor of Law at American University, Washington College of Law, and David L. Newman, Partner in the Intellectual Property Law Group at Arnstein & Lehr LLP, have authored an interesting article entitled, Developing a Framework for Arbitrating Standards-Essential Patent (SEP) Disputes, Journal of Dispute Resolution, (2014, forthcoming).
Resolving IP Disputes: Calling for an Alternative Paradigm Symposium
By Beth Graham - September 13, 2013
Mark your calendars! On October 4th, the University of Missouri School of Law will host a symposium focused on resolving intellectual property disputes with a particular focus on patents.
World Intellectual Property Organization 2010 Report | Cybersquatting Hits Record Level
By Victoria VanBuren - May 18, 2011
The World Intellectual Property Organization (WIPO) recently announced that the number of cybersquatting cases has reached an all time high. According to the report, in 2010, trademark holders filed 2,696 cybersquatting cases relating to some 4,370 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under the Uniform Domain Name Dispute Resolution Policy (UDRP). the UDRP has become accepted as an international standard for r
Bilski v. Kappos: U.S. Supreme Court Rules that Business Methods Survive
By Victoria VanBuren - June 28, 2010
The US. Supreme Court decided today the high-stakes software patent case Bilski v. Kappos, No. 08-964, June 28, 2010, affirming the Federal Circuit’s judgment. (find our previous post here) In Bilski, the Federal Circuit had rejected patent claims involving a method of hedging risks in commodities trading. The questions decided by the Court were: (1) whether the Federal Circuit erred by creating the so-called “machine or transformation” tes
ABA Section of Intellectual Property | Complex Patent Suits: The Use of Special Masters for Claim Construction
By Victoria VanBuren - February 18, 2010
The following is an excerpt from “Complex Patent Suits: The Use of Special Masters for Claim Construction” by Neil A. Smith published at Landslide by the ABA Section of Intellectual Property Law. When a complex patent infringement case arises, it can be in the client’s or the court’s best interest to bring in an expert on patent law and technology—as a special master—to assist the judge. Special masters can provide value to all partie
Microsoft Wins Domain Name Arbitration
By Victoria VanBuren - January 28, 2010
A single-member Panel at the National Arbitration Forum decided the domain dispute Microsoft Corporation v. TN Chen, FA0911001296240 (Nat. Arb. Forum Jan. 13, 2010). The Complainant is Microsoft Corporation and the Respondent is TN Chen from China. The domain names at issue are <bing-wallpaper.com> and <bingimg.com>, registered with GoDaddy.com, Inc. “Bing” is the name of Microsoft’s web search engine. ICANN‘s
The Future of Software Patents: U.S. Supreme Court Hears Arguments on Bilski v. Kappos
By Victoria VanBuren - November 9, 2009
As previously discussed, today the U.S. Supreme Court heard arguments for Bilski v. Kappos, a high-stakes software patent case (the transcript is here). In Bilski, the Federal Circuit rejected patent claims involving a method of hedging risks in commodities trading. The U.S. Supreme Court is now asked to decide whether the Patent Act contemplates the patentability of business methods –which include software patents. Links to the case docume
Arbitrating Patent Disputes
By Victoria VanBuren - October 1, 2009
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote a interesting article about arbitrating patent infringement licenses. Here is an excerpt: Markman Hearings. In 1996, the US Supreme Court (Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)) established a procedure by which US District Judges hear evidence regarding the interpretation of patent claims during what is now called a Markman Hearing.
WIPO Arbitration and Mediation Center: Lacoste v. LaCoste
By Victoria VanBuren - August 21, 2009
A panel at the World Intellectual Property Organization (“WIPO”) decided recently the domain name dispute Lacoste Alligator S.A. v. LaCoste Healing Jewelry, WIPO Case No. D2009-0700. The Complainant is Lacoste Alligator, S.A., a clothing company famous for manufacturing tennis shirts, owner of the word mark LACOSTE (USPTO No. 1947111). Respondent is LaCoste Healing Jewelry, owned by Audrey LaCoste. The disputed domain name is <laco
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