| 4/24/2008 |
Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC |
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| In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated... more |
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| 4/8/2008 |
Litigation Alert: Roommate.com en banc |
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| The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
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| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar. more |
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| 3/17/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any,
On Roommate.com? |
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| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/3/2008 |
Intellectual Property Bulletin Winter 2008 |
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| After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1. more |
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| 2/17/2008 |
Advanced Copyright Issues on the Internet |
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| During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds. more |
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| 1/17/2008 |
Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? |
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| Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law more |
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| 10/12/2007 |
Intellectual Property Bulletin Fall 2007 |
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| Disclosures to government regulators have always posed risks to trade secrets and other proprietary information. more |
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| 9/19/2007 |
Six Week Countdown for New Patent Rules: A Comprehensive Approach to Building Your Patent Portfolio Before and After November 1 |
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| The United States Patent and Trademark Office [Office] is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. more | view video |
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| 9/17/2007 |
Third Strike for Perfect 10? |
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| In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable. more |
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| 9/11/2007 |
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google. more |
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| 9/4/2007 |
Picture Perfect: Perfect 10 v. Visa |
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| In the 1940's, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to define First Amendment rights in the 20th century. more |
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| 8/31/2007 |
Perspective: Patents, post-MedImmune |
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| Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry. more |
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| 8/21/2007 |
Patent Alert: New Rules for U.S. Patent Applications |
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| Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution. more |
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| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
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| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness. more |
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| 8/14/2007 |
Don't Try This on Your Site: Changing Contracts via Website Notice Alone |
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| On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice. more |
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| 7/31/2007 |
Injunctions After eBay v. MercExchange |
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| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006). more |
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| 7/30/2007 |
Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA - Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement |
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| On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA) more |
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| 7/17/2007 |
Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability |
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| On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights. more |
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| 7/16/2007 |
New Patent Rules Looming: What Do They Mean for Your Portfolio? |
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| The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated. more |
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| 7/13/2007 |
Top Five Practices for Implementing an Effective Trade Secret Preservation Program |
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| Top Five Practices for Implementing an
Effective Trade Secret Preservation Program. more |
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| 7/5/2007 |
Litigation Alert:
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
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| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender. more |
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| 6/26/2007 |
Intellectual Property Bulletin Summer 2007 |
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| On May 23, 2007, Coca-Cola employee Joya Williams was sentenced to eight years in prison for trying to sell Coke's trade secrets to rival Pepsi. more |
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| 6/18/2007 |
International Patent Strategy: Springboard to Going Global |
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| In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more |
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| 6/1/2007 |
Playing by the Notice & Takedown Rules: Protection for Online Service Providers |
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| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
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| 5/18/2007 |
The Basics of Early Stage Legal_Issues — A Guide for Entrepreneurs |
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| This guide was prepared for TiEcon 2007. more |
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| 5/17/2007 |
Litigation Alert - Ninth Circuit Limits CDA Immunity for Internet Service Providers |
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| On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 5/17/2007 |
Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right; Image Search Engine Thumbnails Are Fair Use; and a New Test for Online Contributory Infringement |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. more |
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| 5/16/2007 |
Intellectual Property Strategy and Best Practices for R&D Services in China |
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| China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007. more |
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| 5/1/2007 |
Litigation Alert - Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. §271(f) |
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| On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad. more |
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| 5/1/2007 |
Litigation Alert - KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious |
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| On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws." more |
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| 4/17/2007 |
Legal FAQ: Introduction to Patent Litigation |
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| The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it. more |
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| 4/17/2007 |
Legal FAQ: Introduction to Patent Law |
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| A patent is a legal right to exclude others from practicing the patented invention for a limited period of time in exchange for disclosing the details of the invention to the public. more |
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| 4/2/2007 |
Intellectual Property Bulletin Spring 2007 |
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| The Supreme Court has ruled that patent licensees do not need to breach their license agreements before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more |
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| 3/7/2007 |
Space-Shifting and Copyright: Can't Take it With You? |
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| Issues arise in highly varied context involving different kinds of access to different kinds of content, provided through different technologies ... more |
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| 3/7/2007 |
Audio Home Recording Act Does Not Protect Device Distributor Against Copyright Claims Arising From Broadcaster Role |
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| In a case of first impression, and one of the few cases interpreting the statute at issue, a New York district court held that the Audio Home Recording Act, 17 U.S.C. §§ 1001 et seq. more |
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| 1/19/2007 |
IP Law in China: Works for Hire |
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| The work made for hire (sometimes abbreviated to work for hire or "WFH") doctrine is an exception to the general copyright rule that the person who actually creates a work is the legally-recognized author of that work. more |
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| 1/10/2007 |
Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent |
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| Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more |
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| 12/19/2006 |
Congressional Balancing Act - The Trademark Dilution Revision Act of 2006 |
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| U.S. trademark law took another significant step forward in 2006 with the enactment of the long awaited, much debated amendments to the Federal Trademark Dilution Act (FTDA). more |
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| 12/15/2006 |
Litigation Alert - En Banc Federal Circuit Adopts Specific Intent Standard for Inducement |
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| On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement. more |
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| 11/28/2006 |
Copyright Alert: New Exemptions from DMCA Anti-Circumvention Rules Primarily Impact Narrowly Circumscribed Uses and Industries |
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| Effective November 27, 2006, the Librarian of Congress announced the adoption of six exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provision, the exemptions to apply for the next three years. more |
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| 11/28/2006 |
Copyright/DMCA Developments |
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| The years 2005 and 2006 have seen a substantial group of decisions, including some cases of first impression that flesh out the law of primary and secondary liability, fair use, and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. more |
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| 11/20/2006 |
The California Supreme Court
Considers Web Site Immunity |
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| The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability. more |
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| 11/20/2006 |
Intellectual Property Bulletin Fall 2006 |
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| The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute and modify covered software provided they do so in a manner consistent with the "free" nature of the software. more |
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| 11/8/2006 |
Just Say ... Maybe (Arbitration Finality) |
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| "Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award. more |
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| 10/31/2006 |
Beware the Dangers of Arbitrators Morphing Into Mediators |
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| Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation. more |
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| 10/31/2006 |
Litigation Alert - Transforming Uses of a Celebrity's Likeness Are Protected by the First Amendment |
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| On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative more |
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| 10/31/2006 |
Potential Defenses of Implied Patent License Under the GPL |
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| The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute, and modify covered software provided they do so in a manner consistent with the "free" nature of the software. more |
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| 7/31/2006 |
Notable New Cases in Copyright/
DMCA Litigation (2005-2006) |
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| The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. more |
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| 7/27/2006 |
Court Shifts Balance Between
Trade Secrets and Public Interest |
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| Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006). more |
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| 7/25/2006 |
Litigation Alert - Ninth Circuit Extends Sublicensing Rule to Trademark Licenses |
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| On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission. more |
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| 7/11/2006 |
Litigation Alert - LG Electronics, Inc. v. Bizcom Electronics, Inc. |
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| On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion. more |
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| 6/30/2006 |
Intellectual Property Bulletin Summer 2006 |
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| A patent gives its owner the right to exclude others from making, using and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his or her invention. more |
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| 6/23/2006 |
Litigation Alert - Supreme Court Dismisses LabCorp Appeal |
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| The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter. more |
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| 6/1/2006 |
Litigation Alert - California Court Blocks Subpoenas Aimed at Bloggers' Source of Trade Secret Information |
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| On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information. more |
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| 5/17/2006 |
Going to the Videotape: An Introduction to the Patent System |
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| Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case.
This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office. more |
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| 5/15/2006 |
Litigation Alert - eBay v. MercExchange: Supreme Court Clarifies Test for Permanent Injunction in Patent Cases |
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| A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them. more |
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| 4/24/2006 |
Patent Rights and Open Source—Can They Co-exist? |
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| A patent gives its owner the right to exclude others from making, using, and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his invention. more |
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| 4/19/2006 |
Trade Secret Identification Rule |
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| Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated. more |
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| 4/19/2006 |
Fair Use Palooza—The Supreme Court's KP Permanent Decision Opens a Can of Worms |
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| Statutory, or classic "fair use"—the use, other than as trademarks, of common words, in their ordinary descriptive sense—has long been a seemingly straightforward, not particularly controversial aspect of trademark law. more |
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| 3/29/2006 |
USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too |
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| When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue. more |
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| 3/28/2006 |
2005 Trends in Life Sciences Partnering and Collaborations |
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| Ten years ago, when a biotech company needed to raise capital, the avenue most frequently sought was the capital markets. Today, rising
drug development costs can approach $1 billion, making a biotech's need for capital more intense than ever. more |
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|
| 3/22/2006 |
The Trademark Dilution Revision Act
of 2005 Takes Actual Dilution To Task |
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| Three years ago, in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) ("Victoria's Secret"), the Supreme
Court held that the Federal Trademark Dilution Act of 1995...more |
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|
| 3/21/2006 |
Intellectual Property Bulletin Winter 2005/2006 |
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| In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more |
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| 3/20/2006 |
Legal Issues for Entrepreneurs - Formation and Founders Issues |
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| This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation. more |
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|
| 2/22/2006 |
Litigation Alert - Perfect 10's Preliminary Injunction Against Google Exposes New Approaches to Copyright and Fair Use on the Internet |
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| On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet. more |
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| 2/21/2006 |
Copyright Basics - Just Enough Copyright Law If You Are Not an Attorney or IP Expert
|
|
| Copyright refers to the rights of authors in works of authorship — as distinguished from patents (whose
subject matter is inventions), trademarks (which concern symbols of an enterprise's reputation and goodwill) and trade secrets (information whose value
derives from being kept secret). more |
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| 2/7/2006 |
Trademark Selection and Protection for High Technology Companies |
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| Among a company's most valuable assets are the symbols by which that company and its products or services are known to the public. more |
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|
| 1/23/2006 |
eBay v. MercExchange - Supreme Court to Reconsider Injunction Remedy in Patent Cases |
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| The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005). more |
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| 1/19/2006 |
Patent Law Developments: 2006 |
|
| The Year Past and the Year Ahead more |
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|
| 1/19/2006 |
International Patent Strategy |
|
| In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more |
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|
| 1/3/2006 |
University Licensing: An Introduction to Licensing Technology from Universities |
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| What do Yamaha synthesizers, gene splicing and DSL have in common? They are all based on technology licensed from universities. As these examples show, universities often develop and license new cutting edge technologies. more |
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| 11/22/2005 |
Intellectual Property Bulletin Fall 2005 |
|
| On November 7, 2005, the Recording Industry Association of America
issued a press release announcing settlement of the longstanding file-sharing
dispute with Grokster. more |
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| 11/11/2005 |
Follow-on Biological Products—Legal Issues |
|
| Many biologics, including blockbusters like Epogen/Procrit, are nearing patent expiration, and generics manufacturers, including Sicor (acquired by Teva), Barr Laboratories, and Ivax Corporation, are hoping to market generic biologics. more |
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|
| 11/3/2005 |
Authorized Generics: Antitrust Issues and the Hatch-Waxman Act |
|
| An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name. more |
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|
| 10/25/2005 |
Patent Protection for High Technology Companies |
|
| Intellectual property is the term used to describe the intangible assets associated with a company's technological innovation. more |
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|
| 10/17/2005 |
Patent Litigation |
|
| This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases. more |
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|
| 10/11/2005 |
Deal Points for Gaming Negotiation |
|
| Often pitted against robust publishing companies, independent video game development studios face many challenges when entering into negotiations for video game development and publishing deals. more |
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|
| 9/20/2005 |
Extraterritorial Expansion of U.S.
Patent Law |
|
| With the advent of the global economy, the design,
manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas.
Naturally, the owners of U.S. patents are increasingly
attempting to enforce their U.S. patents against
activities carried out at least in part, if not entirely,
outside the U.S. more |
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|
| 9/19/2005 |
Licensing Basics for High Technology and Life Sciences Companies |
|
| Virtually all high technology companies rely on licenses to achieve their business goals. more |
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|
| 9/15/2005 |
Copyright Alert: Circuit Court Decisions Weaken, Strengthen Hand of Software Owners Using Technological Protection Measures |
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