Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Litigation

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 601 - 611 of 611

Full-Text Articles in Intellectual Property Law

Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed. Mar 1959

Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed.

Michigan Law Review

Petitioner brought a patent infringement action in the northern district of Texas, wherein the alleged infringement occurred and the named defendants resided and had a regular place of business. On motion by the named defendants under 28 U.S.C. §1404(a), authorizing the transfer of certain actions to a district in which the action "might have been brought," the court ordered transfer to the northern district of Illinois where litigation on the same patent was already in progress between the plaintiff and other alleged infringers. Petitioner's motion for mandamus to require the Texas district court to set aside this transfer order was …

Go to article

Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed. Mar 1957

Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed.

Michigan Law Review

There is no authoritative definition of the term "patent grant-back." It has been defined as a clause in a patent license which provides "for license or assignment to the licensor of any improvement patented by the licensee in the products or processes of the licensed patent." In litigated cases grant-back clauses usually appear either in basic patent licenses or in licenses of the products or processes of an industry which the licensor dominates through control of a multitude of overlapping patents.

Go to article

Federal Procedure-Mandamus-Use To Prevent Change Of Venue, Richard J. Darger S. Ed. Dec 1951

Federal Procedure-Mandamus-Use To Prevent Change Of Venue, Richard J. Darger S. Ed.

Michigan Law Review

Petitioners instituted a suit in the District Court for the Southern District of California seeking damages for alleged patent infringement. That court ordered the case transferred to the District Court for the District of Delaware on the ground that venue was not properly laid in the Southern District of California. Then petition was made to the Court of Appeals for the Ninth Circuit for mandamus to compel the judge of the lower court to withdraw the order of transfer. Held: petition denied. Mandamus will issue to prevent a transfer of a case to the district court of another circuit …

Go to article

Recent Developments In Patent Law, Arthur M. Smith Jun 1946

Recent Developments In Patent Law, Arthur M. Smith

Michigan Law Review

The framers of the Federal Constitution shared with Thomas Jefferson his "wish to see new inventions encouraged, and old ones brought again info useful notice." Their concern for the public welfare caused many, including Jefferson, to question the wisdom of using a limited monopoly to encourage such inventions.

Go to article

Equity - Clean Hands Doctrine - Tradename Infringement - Relief Awarded On Condition That Complainant Cleanse His Hands, Craig E. Davids Oct 1944

Equity - Clean Hands Doctrine - Tradename Infringement - Relief Awarded On Condition That Complainant Cleanse His Hands, Craig E. Davids

Michigan Law Review

For twenty-six years complainant conducted a tailor shop under the name, "Dundee Woolen Mills, Custom Tailors." On the front of the store was the slogan "No Middle Man's Profit," though the shop was neither owned by a woolen mill nor conducted in any manner that eliminated the usual middle man's profit. Defendant for many years operated a nation-wide chain of ready-to-wear stores under the name "Dundee Clothes" and eventually opened an establishment in complainant's locality. Suit was filed in equity to enjoin the defendant from using "Dundee" in his business. The lower court decided that though complainant had come into …

Go to article

Copyrights - Laches As A Defense To Suit For Copyright And Patent Infringement, David Davidoff Jun 1942

Copyrights - Laches As A Defense To Suit For Copyright And Patent Infringement, David Davidoff

Michigan Law Review

Plaintiff manufacturer sued, inter alia, for copyright infringement in the appropriation of the content of his catalogues by defendant, a former employee. It appeared that plaintiff had known of the infringement for over three years before filing suit, during which time he had made no protest or complaint, but had stood by while defendant incurred large expense in printing and distributing the catalogues. Held, plaintiff's laches barred relief for the infringement. Wiegand Co. v. Trent Co., (C. C. A. 3d, 1941) 122 F. (2d) 920.

Go to article

Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills Dec 1941

Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills

Michigan Law Review

A patent infringement suit against a distributor was dismissed on the ground that plaintiff's patents were invalid. A finding was incorporated in the judgment that the defense had been "openly and avowedly conducted" by the manufacturer of the article distributed by defendant. Plaintiff objected that the finding "on its face would be a valid estoppel" in case plaintiff later wished to sue the manufacturer in a separate suit. Held, that plaintiff was entitled to have the finding deleted from the judgment since the finding was not necessary to a disposition of the issues between plaintiff and defendant. Minneapolis- Honeywell …

Go to article

The Measure Of Recovery In Actions For The Infringement Of Copyright, Julian Caplan Feb 1939

The Measure Of Recovery In Actions For The Infringement Of Copyright, Julian Caplan

Michigan Law Review

Since the present federal copyright statute was enacted in 1909, and especially quite recently, there have been repeated attempts at drastic modification of the law. Certain groups contend that the present statutory provisions are not of sufficient protection to the copyright proprietor, whereas other groups contend that the extent of the protection is entirely unwarranted. One of the chief phases of controversy has involved the measure of recovery in suits for infringement. The issue is of fundamental importance, since the measure of damages determines to a large extent how effective the other provisions of the statute will be. Whether, under …

Go to article

Contempt-Punishment Of One Not A Party To An Injunction Mar 1931

Contempt-Punishment Of One Not A Party To An Injunction

Michigan Law Review

The plaintiff sued A and B for infringement of patent rights. The suit was dismissed as to A and B testified that the business was solely his. A decree was then entered against B, "his agents, employees, associates and confederates * * *," which enjoined them from "infringing, or aiding or abetting, or in any way contributing to the infringement * * *" of the patents. When the decree was entered, A was an employee of B, but subsequently A left B's employ, began his own business, and infringed the patent. The plaintiff began contempt proceedings against A in the …

Go to article

Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr. Nov 1911

Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.

Michigan Law Review

The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute

Go to article

Recent Important Decisions, Michigan Law Review Jun 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Authority to Appoint Sub-Agents; Agency--right to Compensation; Bankruptcy--Discharge; Bankruptcy--Discharge; Banks and Banking--Crediting Depositor--Check of Another Depositor; Conflict of Laws--Legitimation of a Bastard--Status Fixed by Domicile of his Parents; Conflict of Laws--Lex Loci Fori--Right of Action in England for Acts in Foreign Country--Territorial Waters; Constitutional Law--Summary Sale of Trespassing Animals; Contract--Public Policy--General Restraint of Trade; Contract--Validity--Release of Employer for Liability to next of Kin for Injury to Employee; Elections--Right of a Party Committee to Question Eligibility of a Candidate; Fraudulent Conveyances--Contingent Fees; Insurance--Condition for Immediate Notice--Excuse; Married Women--Power to Enter into Partnership with Husband--Set off of Debt Due by Partner in …

Go to article

First Prev