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Intellectual Property Law

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Wednesday, July 25, 2012

Slep-Tone lawsuit in Chicago appears to be subject to a Motion to Dismiss and/or Sever


The recent lawsuit filed by Slep-Tone Entertainment Corporation against numerous karaoke DJs (“KJs”) and venues in Chicago for alleged infringement of its SOUND CHOICE trademark and related trade dress appears to be subject to a Moton to Dismiss and/or Sever for Improper Joinder.  (Case No. 12-5750 in the Northern District of Illinois.)

In addition, the Defendants may have insurance coverage for the lawsuits.  Of course, it may not always be in the Defendant's best interest to trigger insurance coverage. This decision should be made by counsel familiar with the merits of the intellectual property claims, as well as the insurance coverage issues.  Click here for an overview of FREE DEFENSE for IP infringement lawsuits.

If you have questions, please feel free to contact Attorney Mark Wiemelt at 312-372-7664 or by email at mark@wiemeltlaw.com.

1:32 pm cdt 

Tuesday, July 17, 2012

Supreme Court Decision Favors Generics

On April 17, 2012, the Supreme Court, in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, confirmed that generic drug manufacturers can challenge brand-name use-code descriptions in patent litigation.

The Supreme Court interpreted a portion of the Hatch-Waxman Act dealing with section viii statements.  In particular, it addressed use codes and carve-out drug labeling and ruled that it does not make sense to allow patentees to block unpatented treatment methods by filing inaccurate use codes with the FDA.  "Congress meant (as it usually does) for the provision it enacted to fit within the statutory scheme—here, by facilitating the approval of non-infringing generic drugs under section viii.”

If you have questions, please feel free to contact Wiemelt Knechtel at 312-372-7664 or 602-910-4250 or by email at
mark@wiemeltlaw.com or rknechtel@wiemeltlaw.com.
11:06 am cdt 

Thursday, July 12, 2012

Seventh Circuit Ruling Favors Trademark Licensees

On July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, ruling in favor trademark licensees whose licenses are rejected in bankruptcy by trademark owners.  Under Sunbeam, rejection of a trademark license by a trustee does not terminate the license rights.
 
The full impact of the Seventh Circuit's Sunbeam decision is yet to be determined and many questions remain.  However, because the Seventh Circuit's opinion creates a split of authority with the Fourth Circuit's 1985 decision in Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc. it may lead to a Supreme Court review.  Significantly, the Seventh Circuit sided with scholarly criticism of the Lubrizol decision and soundly rejected same, and Sunbeam is the first court of appeals decision in 27 years to challenge Lubrizol's view of how rejection impacts an intellectual property license.  Accordingly, the Sunbeam decision has the potential to impact licensee rights in cases across the country.

If you have questions, please feel free to contact Wiemelt Knechtel at 312-372-7664 or 602-910-4250 or by email at
mark@wiemeltlaw.com or rknechtel@wiemeltlaw.com.

8:44 am cdt 

Monday, July 9, 2012

U.S. Patent Office Issues Prometheus Examination Guidelines

On July 3, 2012, the U.S. Patent Office issued its
2012 Interim Procedure for Subject Matter Eligibility Analysis 0f Process Claims Involving Laws of Nature.  The guidelines state that they are "for use by USPTO personnel in determining subject matter eligibility of process claims involving laws of nature under 35 U.S.C. § 101 in view of the decision by the United States Supreme Court in Mayo Collaborative Services v. Prometheus Laboratories, Inc.  If you have questions, contact Wiemelt Knechtel at 312-372-7664 or 602-910-4250 or by email at mark@wiemeltlaw.com or rknechtel@wiemeltlaw.com.
11:47 am cdt 


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