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Tag Archives: Intellectual Property

Civil Practice – Appeals – Interlocutory – Attorneys – Tort/Negligence – Legal Malpractice – Intellectual Property – Foreign Patents – Subject Matter Jurisdiction (access required)

Revolutionary Concepts, Inc. v. Clements Walker, PLLC Plaintiffs; legal malpractice claim against defendants alleges that defendants’ actions prevented plaintiffs from obtaining foreign patents, not a U.S. patent; therefore, this case does not fall within the exclusive jurisdiction of the federal courts. Even if an unsuccessful challenge to subject matter jurisdiction under 28 U.S.C. § 1338(a) were entitled to immediate appellate review, this case does not fall under § 1338(a). We dismiss as interlocutory defendants’ appeal of the trial court’s denial of their motion to dismiss.

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Innovate, but don’t be late (access required)

If changes are made to a longtime piece of American law, a race to the patent office could be on, and North Carolina attorneys may be swept up in the pursuit. For several years, attempts at national patent reform have failed, but this year, it appears Congress has the votes to significantly change the way Americans secure patents. Under the current "first to invent" patent law, when inventors have an idea, they have the opportunity to work on it in depth, reduce it to practice, then file it with the patent office, as they know their idea is safe if they're able to prove they discovered it first. If the law changes to a "first inventor to file" system, which most of the rest of the world employs, an invention still has to meet the requirements of patentability, but the person who first files a patent application gets the patent.

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Lawsuit claims competitor copied firm’s site, slogan (access required)

The website for Raleigh's Kurtz & Blum is sleek and well-designed, complete with photos of the attorneys, easily navigable links and a slogan at the top designed to instill client confidence: "We're in your corner." In a lawsuit, Kurtz & Blum claims that The Wright Law Firm of Charlotte, and its principal, Roderick M. Wright Jr., copied its website design right down to the "We're in your corner." The suit asks for damages including Wright's profits that were the result of what it calls his wrongful actions, as well as treble damages under G.S. § 80-12.

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Civil Practice – Venue – Transfer – ‘First-Filed’ – Special Circumstances – Settlement Negotiations – Breakdown – Intellectual Property – Trademark & Copyright Infringement (access required)

Family Dollar Stores, Inc. v. Overseas Direct Import Co. (Lawyers Weekly No. 11-04-0103, 9 pp.) (Richard L. Voorhees, J.) W.D.N.C. Holding: The parties were engaged in settlement discussions, and when those settlement discussions broke down, it was reasonable for plaintiff ...

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Attorneys could copyright their documents, but should they? (access required)

Of course, lawyers don't need anyone's blessing to copyright their own work. The question is, when they do, are their claimed rights enforceable? The short answer is yes, maybe. Intellectual property attorney John C. Nipp of Charlotte-based Summa, Additon & Ashe told Lawyers Weekly that the requirements for obtaining a copyright are not strict.

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