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Dave Shouvlin

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Dave practices principally in the area of commercial litigation, focusing on intellectual property and trade secret issues. A considerable amount of his practice has involved foreign clients. Dave has obtained favorable decisions on important intellectual property and contract issues in the First, Sixth and Federal Circuit Court of Appeals.

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WAGO v. Rockwell; When is a Gerund not a Gerund; Pass on Twombly/Iqbal Mandate

Think choice of grammar or poor word choice is not relevant in patent claims? Think again. Indifferent word selection nearly sunk this infringement action as well as the patent. Judge Christopher A. Boyko of the Northern District of Ohio recently tackled the difficult issue of patent indefiniteness following IPXL Holdings, L.L.C. v. Amazon. com, Inc., 430 … Continue Reading

A Note of Caution When Suing for Copyright Infringement

Think recovery of attorneys’ fees in copyright infringement cases is just for plaintiffs? Think again. Plaintiffs’ counsel should take heed of the chilling tale in Fharmacy Records v. Salaam Nassar, Nos. 10-1354, 10-2073, 2012 WL 573942 (6th Cir. Feb. 23, 2012), discussed below. But first, some background. In Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994), the … Continue Reading

“Dang” That Renewal Copyright Law

The Sixth Circuit recently issued a rare decision addressing ownership of renewal copyrights – in some of country singer Roger Miller’s songs: Roger Miller Music, Inc. v. Sony/ATV Publishing, LLC, Case No. 10-5363, 2012 WL 555485 (6th Cir. Feb. 22, 2012). It is worth a read if you have occasion to wrestle with renewal copyright issues. Renewal copyrights … Continue Reading
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