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IP & Regulatory Law Blog Reflections of a former regulator on FTC and IP issues

Monthly Archives: May 2011

Android App Developers Also On Hit List

Posted in Uncategorized

It has been reported that Lodsys has also pursued Android app developers over in app purchase technology.  Such technology allows for a wide range of content (e.g., virtual content, such as additional levels, etc.) to be sold within the application.

Inequitable Conduct Standard Clarified

Posted in Patents, Prior Art

Yesterday, the Federal Circuit clarified the standard for proving inequitable conduct in patent infringement cases in its Therasense, Inc. decision. Similar to how it addressed the burden of proof for fraud on the USPTO in the trademark context, the Court adopted a heightened standard for proving inequitable conduct. Here are several points to consider: it… Continue Reading

Apple Steps Up

Posted in Games, IP, Patents, Software

In furtherance of my earlier post, Apple has reportedly stepped up to defend its developers. Read a recent update on the state of events as well as the letter allegedly sent by Apple to Lodsys.  

Software Developers Beware

Posted in IP, Patents, Software

It has been interesting to follow Lodsys’ (a patent holding company) pursuit of Apple app developers for patent infringement.  It has been reported that Apple took a license to the patent-at-issue from Lodsys and now, Lodsys is sending cease and desist letters to various Apple app developers.   According to various sources, Apple allegedly required use of the allegedly infringing technology by… Continue Reading

FTC Tip For The Day….

Posted in Advertising

Besides telling the truth, what’s the one thing that a company can do to minimize its chances of getting an inquiry from the FTC?  Provide a no questions asked, 100% money back guarantee and honor it.  Here’s why.  Generally speaking, the FTC brings most of its cases with the goal of getting restitution for consumers…. Continue Reading

But You Didn’t Know About It So You Shouldn’t Disclose It….

Posted in IP, Patents, Trade Secrets

An issue that we have dealt with over the years is whether information disclosed in a published patent application can be claimed as a trade secret. The argument is that although the information is in the public domain, the receiving party would never have found it. The Fifth Circuit recently addressed this issue. Read a good discussion of… Continue Reading