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Larkin Hoffman Daly & Lindgren Ltd | USA | 3 Jul 2014

The burden of proof remains with the patentee in a licensee’s declaratory judgment action

The Supreme Court held in a recent unanimous decision that "when a licensee seeks a declaratory judgment against a patentee to establish that there…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 3 Jul 2014

There can be no induced infringement in the absence of direct patent infringement

In Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court held that a defendant is not liable for inducing patent infringement…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 3 Jul 2014

Supreme Court determines standing to sue for false advertising under the Lanham Act

In Lexmark International, Inc. v. Static Control Components, Inc., 134 S.Ct. 1377 (2014), the Supreme Court unanimously held that "to invoke the…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 3 Jul 2014

Supreme Court limits role of laches defense

Federal Rule of Civil Procedure 8(c) includes laches as an affirmative defense in civil actions. The laches defense allows a defendant to allege that…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 3 Jul 2014

Setting the standard for indefiniteness of patent claims

The Supreme Court recently resolved a question about definiteness with hopes that courts and the patent bar will not be left "at sea without a…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 2 Jul 2014

Will copyright law stem the tide of multimedia advertising?

The modern world is obsessed with multimedia; everywhere you look people are tweeting, checking Facebook, watching television, or simply surfing the…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 2 Jul 2014

Patent troll legislation: apparently more difficult than expected -the wait continues

Over the past few months, patent trolls, frivolous litigation, non-practicing entities and patent reform have regularly been in the news…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 2 Jul 2014

Computer-implementation of abstract idea not patent-eligible

Depending on the details involved, obtaining patent protection for business methods and software may have become more challenging. It has been well…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 30 Jun 2014

Franchising without spamming under Canada’s Anti-Spam Legislation

Canada's Anti-Spam Legislation, S.C. 2010, c. 23 (Can.), and the regulations promulgated thereunder ("CASL"), is poised to become one of the toughest…
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Larkin Hoffman Daly & Lindgren Ltd | USA | 30 Jun 2014

Terminating international master franchisees

International expansion of a franchise system is often accomplished through master franchising, in which the master franchisee develops the territory…
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