Category: Intellectual Property

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 …

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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 …

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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 …

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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 …

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Novel argument still does not extend jurisdiction of U.S. patent damages

In re: Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al. No. 11-1218, -1238 (Fed. Cir. Mar. 26, 2013), the Court addressed the issue of the interplay of general damages theory with patent damages. In general, damages are calculated in a manner that allows the plaintiff to be put back to an economic position …

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Top 10 Trade Secret Verdicts

A trade secret, according to the World Intellectual Property Organization, is defined as: Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is …

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Federal Circuit leaves large damage award stand

The Federal Circuit affirmed a $391 million damage award in Versata Software, Inc. v. SAPAmerica, Inc., No. 2012-1029, -1049 (Fed. Cir. May 1, 2013). In reviewing the damage portion of the ruling, one cannot help but wonder about the damages calculation strategy that the defendant employed. The Federal Circuit summarized the parties and the infringement …

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Federal Circuit Reiterates Reasonable Royalty Principles

The Federal Circuit in re: Douglas Dynamics, LLC v. Buyers Product Company (Fed. Cir. May 21, 2013) provides reminders of how reasonable royalty damages must be calculated, and then remanded the damages verdict for retrial. The Federal Circuit succinctly summarized the parties and their products as follows: “Douglas and Buyers both manufacture snowplow assemblies for …

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No Expert Leads to No Damages

A recent ruling in a New Jersey federal court will no doubt serve as a warning for litigants who decline to employ the services of an expert to establish reasonable royalties.  In the matter of Unicom Monitoring, LLC (“Plaintiff”)v. Cencom, Inc. et al (Civil Action No. 06-1166 (MLC)), U.S. District Judge Mary L. Cooper granted …

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Patent Infringement Damages Under Fire

Seventh Circuit Judge Richard Posner is one of the foremost legal scholars in the United States, particularly on economic matters. He has written numerous influential opinions and almost forty books on law and economics, teaches at the University of Chicago Law School, and is widely respected in the legal community. And two of his recent …

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