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.
Co-Authored By: Robert J. Morgan For those businesses that might be tempted to enjoin another’s use of a common name, be advised: you might be inviting unexpected grief. In a “where the rubber hits the road decision,” the Cuyahoga County (Ohio) Court of Appeals ruled recently in the case of Bedford Auto Dealers Ass’n v. … Continue Reading
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
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
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