Category: Intellectual Property

US Supreme Court to Hear Significant Copyright Case

Technology is changing at a rapid pace and this change touches on some serious legal issues.  A recent article by Marc Miller and Melissa Reinckens of DLA Piper discusses a case that will be heard by the U.S. Supreme Court.  The cases involves, Aereo, a New York-based startup technology company financed by Barry Diller, utilizes …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2014/01/us-supreme-court-to-hear-significant-copyright-case/

Protecting Their Candy

King is the game developer responsible for the hugely popular online game “Candy Crush Saga”.  Recently it was awarded trademark protection on the word “candy”.  According to a recent article in the LA Times, competitors are complaining that such a common word was granted protection as some have begun to get cease and desist notices. …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2014/01/protecting-their-candy/

Speculative damages lead to summary judgment

When it comes to damage calculations, the term “speculative” is effectively a death sentence.  In order to provide evidentiary value, a damage calculation must be to a reasonable degree of certainty.  In Carter v. Clements Walker PLLC, et al. (“CW”), the Court found that despite an expert opinion that Carter suffered $33 million in damages, …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2014/01/speculative-damages-lead-to-summary-judgment/

Addressing Judicial Concerns About Consumer Surveys

In the course of affirming the district court’s decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further.  While upholding the injunction, he ended his assessment with some comments “for future reference” when it comes to consumer surveys offered to demonstrate consumer confusion …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2014/01/addressing-judicial-concerns-about-consumer-surveys/

Nash bargaining solution in patent damages is not always a 50%/50% split

The Federal Circuit ruled in Uniloc USA, Inc. v. Microsoft Corp. that the widely used (but fatally flawed) 25 percent rule can no longer be part of reasonable royalty damages calculations. This article provides the details of this reasonable royalty damages decision. Since that time, plaintiffs have advanced the Nash Bargaining Solution, a theoretical mathematical …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2013/11/nash-bargaining-solution-in-patent-damages-is-not-always-a-5050-split/

Google Prevails in Copyright Infringement Lawsuit Against Google Books

After an eight year class action copyright infringement battle in and out of court, Google won the right to continue its Google Books project to digitize books. According to Judge Denny Chin’s November 14, 2013 Ruling, to date, Google digitized, indexed, and made available for search more than 20 million books. Even though many of …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2013/11/google-prevails-in-copyright-lawsuit-against-google-books/

Bottega Veneta successfully trademarks it’s signature design element

The Trademark Trial and Appeal Board (“TTAB”) has ruled in re: Bottega Veneta International S.a.r.l., no. 77219184 (TTAB Oct. 4, 2013) that protection is appropriate for Bottega Veneta’s signature “weave design, described as a: “configuration of slim, uniformly-sized strips of leather, ranging from 8 to 12 millimeters in width, interlaced to form a repeating plain or …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2013/10/bottega-veneta-successfully-trademarks-its-signature-design-element/

Too Many Fail to Audit their Licensing Agreements, Leaving Royalties on the Table

A patent and license portfolio can provide a consistent and reliable revenue stream. However, many companies have technology, trademarks, and merchandising opportunities that are not fully exploited. Even if fully licensed, there is often considerable upside available via vigilant enforcement of audit provisions to ensure all amounts due are paid. Unlike almost any other business …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2013/10/too-many-fail-to-audit-their-licensing-agreements-leaving-royalties-on-the-table/

FASB to Alter Reporting for Development Stage Companies

FASB has agreed to work on decreasing financial reporting complexity for development stage companies. FASB defines such companies as those which devote substantially all efforts to establishing a new business and: Have not begun planned principal operations; or Have begun planned principal operations without producing significant revenue. Under existing Generally Accepted Accounting Principles (“GAAP”), development-stage entities must …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2013/09/fasb-to-alter-reporting-for-development-stage-companies/

Expert Thrown Out After Claiming Major Report “Typos” on Cross

A recently affirmed decision to grant judgment for the defendant as a matter of law in Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc. highlights the importance of expert testimony that is consistent with previously disclosed opinions presented in a Rule 26 report. In this matter, the expert’s testimony was struck because …

Continue reading

Permanent link to this article: http://betweenthenumbers.net/2013/09/expert-thrown-out-after-claiming-major-report-typos-on-cross/