Donald Rupert

February 05, 2013 | Inside Counsel

The Federal Circuit has concluded that it can, as a matter of law, determine when a trademark is not entitled to federal trademark registration because the mark is vulgar.

By Donald Rupert

8 minute read

January 08, 2013 | Inside Counsel

Litigating in federal courts requires adherence to the Federal Rules of Civil Procedure. One noteworthy rule is Rule 26 (a)(1), which provides for an initial disclosure of, among other things, the identity of individuals likely to have discoverable information.

By Donald Rupert

15 minute read

December 11, 2012 | Inside Counsel

One of the thornier issues in patent litigation is assessing patent invalidity for obviousness by applying 35 U.S.C. 103.

By Donald Rupert

7 minute read

November 06, 2012 | Inside Counsel

The U. S. District Court for the Eastern District of Wisconsin recently addressed the importance of privilege logs and updating them in its Oct. 5 decision in Nordock, Inc. v. Systems Inc., in which the court held that the failure to identify withheld documents on a privilege log resulted a...

By Donald Rupert

6 minute read

October 23, 2012 | Inside Counsel

In 2007, the Supreme Court ruled in MedImmune, Inc. v. Genentech, Inc. that a patent licensee may file a declaratory judgment action seeking judgment of noninfringement, invalidity or unenforceability of the licensed patent without first terminating the license.

By Donald Rupert

5 minute read

September 11, 2012 | Inside Counsel

Last month, the Federal Circuit issued two decisions that emphasize the importance of the rules of civil procedure and the benefit that consumer surveys can provide in a patent damages analysis.

By Donald Rupert

16 minute read

July 31, 2012 | Inside Counsel

The opinion provides an excellent example of what can happen when part of a case is gutted.

By Donald Rupert

18 minute read

July 03, 2012 | Inside Counsel

The title of this article is quoted from an opinion issued by Judge Richard A. Posner on May 22, in the case of Apple, Inc. v. Motorola, Inc.

By Donald Rupert

16 minute read

June 05, 2012 | Inside Counsel

For many years, it has been routine for a patent plaintiff, particularly a non-practicing entity (NPE), to file one infringement suit against multiple defendants, in a jurisdiction he or she felt was more favorable.

By Donald Rupert

9 minute read