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Intellectual Property

Mar 14, 2013

The America Invents Act (AIA) “First to File” Provisions

On September 8, 2011, the U.S. Senate passed the Leahy-Smith “America Invents Act,” which was signed into law by President Obama on September 16, 2011.  Certain provisions had immediate effect; others came into effect on September 16, 2012; and the significant “First to File” provisions came into effect on March 16, 2013.   » Read More

Jun 05, 2011

Therasense v. Becton Dickinson: Inequitable Conduct Defense Eviscerated

On May 25, 2011, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a long anticipated opinion in Therasense, Inc. v. Becton, Dickinson and Co.  Sitting en banc, the Federal Circuit, with Chief Judge Randall Rader writing for the 6-1-4 majority, set forth a new framework for considering inequitable conduct claims, one that stresses separate determinations as to intent and materiality, and substitutes a “but-for” materiality standard for the existing materiality standard as embodied in the PTO’s Rule 56. » Read More

Jun 29, 2010

What To Do If Someone Steals Your Website’s Name or One Like It

You are a website owner and have just found out that another company has registered a domain name that is nearly identical to your website name. Many of your clients or potential customers are being diverted to this web site when they search for your company’s name on the web in search engines like Google or Yahoo. » Read More

May 05, 2010

What to Do When Someone Steals Your Web Site Content and You Do Not Know Who Did It

You have discovered that a web site contains content that uses original text, artwork, photography or software that you created or commissioned.  You dutifully do some research (including using a “WHOIS” search on the web) to determine who owns the web site, but the site owner has hired a third party (such as Domains By Proxy) to hold the domain name so that the owner’s identity is not publicly available. » Read More

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