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First Sale Doctrine: Copyright & Patent
In some ways, the Supreme Court case of Quanta v. LGE is a symbol of the ongoing struggle between property law and contract law. With concepts like the first sale doctrine (and the rule against...
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Cornell wins $184 Million in Damages for Past Infringement by HP
Federal Circuit Judge Randall Rader has been sitting by designation as a district court judge in the Northern District of New York. His case is an epic patent battle between Cornell University and...
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Harvard’s US OncoMouse Patents are All Expired (For the Time Being)
By Dennis Crouch Harvard College v. Kappos, 12-cv-1034 (E.D.Va. 2012) Harvard’s patented OncoMouse has been a bestseller for cancer research here in the US. Two Harvard researchers took an available...
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District Courts and Patent Cases, Part I
By Jason Rantanen and Joshua Haugo* During the oral argument in Octane Fitness, Justice Alito asked an interesting question about the frequency at which district court judges hear patent cases. In...
View ArticleCase dismissed as sanction for misrepresentations
Judge Keith Ellison issued a scathing order dismissing a patent case after it had been tried to verdict. Tesco Corp. v. Weatherford Int’l., Inc. (S.D. Tex. Aug. 25, 2014). Four days into a three-week...
View ArticleDickstein Shapiro Dodges Malpractice Suit by Showing Long-Ago Issued Claims...
By David Hricik This one will make your head spin, especially the statutory construction part. The case is Encylopaedia Britannica, Inc. v. Dickstein Shapiro LLP (D. D.C. Aug. 26, 2015). The Dickstein...
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