| 3/17/2010 |
Facing Off On Facebook®? Trademarks and the Social Net |
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| The increasing prevalence and popularity of social networking and similar sites raise new issues for brand
owners and celebrities. more |
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| 3/17/2010 |
Is There A Second Life For Trademarks In Second Life®? |
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| Recent years have seen the development of online communities through which massive numbers of users can interact with each other and with the environment itself in ways that increasingly approach real-world interactions. more |
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| 12/3/2009 |
Patent Pools in Life Sciences |
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| A patent pool is defined as an arrangement among multiple patent holders to aggregate their patents where all pooled patents are made available to each member of the pool, and standard licensing terms are offered to licensees who are not members of the pool. more |
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| 10/6/2009 |
IP Bulletin Fall 2009 |
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| A recent ruling in a highly publicized case in the United States District Court for the Central District of California rejected an aggressive legal theory that could have led to broad criminalization of the breach of terms conditioning access to websites and other computerized information. more |
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| 7/7/2009 |
IP Bulletin Summer 2009 |
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| The Patent Prosecution Highway (PPH) began in July 2006 as a pilot, one-year cooperative agreement between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO). more |
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| 6/4/2009 |
Licensing Basics for Technology and Life Sciences Companies |
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| Virtually all technology companies rely on licenses to achieve their business goals. more |
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| 5/15/2009 |
The Transfer of Intellectual Property Rights: Can There Be Too Much Freedom in the Marketplace for Ideas? |
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| We Americans take for granted the fact that intellectual property rights can be transferred from one person to another. A small "garage" inventor can sell patent rights to a manufacturing company. Two sparring competitors can settle their disputes by a cross-license of rights. Franchises can be built by licensing out trade secrets to local operators.... more |
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| 5/15/2009 |
Top Ten Patent Issues for the New Director of the Patent and Trademark Office |
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| Imminently, the Obama Administration will be naming a new Director of the U.S. Patent and Trademark Office ("PTO"). The PTO, which used to be a quiet backwater of a niche area of law, has recently found itself front and center in some high profile debates. From congressional efforts aimed at fixing a "broken" patent system to Supreme Court cases considering whether Internet Age innovations deserve the same patent protection as Industrial Age innovations, the work of the PTO is increasingly important to our society..... more |
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| 5/6/2009 |
Cleantech Client Alert: Newly-Launched ARPA-E Announces $150 Million Funding Opportunity for "Transformational" Energy Technologies |
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| On April 27, 2009, the Department of Energy announced the availability of up to $150 million of funding for research and development on transformational energy-related technologies. more |
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| 4/15/2009 |
Protecting Innovation: Cleantech and Patents Are Natural Allies |
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| In recent years, the private sector's efforts to develop responses to environmental challenges have focused strongly on technological solutions. For many businesses in this field, patent protection for innovative technology is a key element of their business strategies. more |
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| 4/3/2009 |
American Recovery and Reinvestment Act: Imminent Funding Opportunities for Clean Tech Companies But Funding Comes with Conditions |
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| The American Recovery and Reinvestment Act of 2009 represents the largest government stimulus package in U.S. history. As has been widely reported, President Obama has made the development and adoption of clean technologies a core goal of his policy initiatives. more |
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| 3/27/2009 |
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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| 3/20/2009 |
Intellectual Property Bulletin Spring 2009 |
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| A bipartisan quartet of senators and representatives held a press conference on March 3, 2009 announcing yet another push at patent law reform. Hearings commenced the following week... more |
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| 10/17/2008 |
Intellectual Property Bulletin Fall 2008 |
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| In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...
more |
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| 6/18/2008 |
Think You Are a Co-Owner of a Copyright?—Think Again |
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| Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008)...
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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| 7/11/2006 |
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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| 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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| 4/21/2006 |
Litigation Alert: District Court Rules that Shrinkwrap Agreement May Be Enforceable |
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| On April 5, 2006, the District Court for the Eastern District of California ruled in the case of Meridian Project Systems, Inc. v. Hardin Construction Co., L.L.C., Civ.04-2728, that an End User License Agreement ("EULA") contained within software packaging may be an enforceable "shrinkwrap" agreement.
more |
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| 4/5/2006 |
Putting the "Co" in Development and Promotion: The New Biotech-Pharma Collaborations |
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| A number of strategic reasons exist for partnering among life sciences companies.
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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| 3/21/2006 |
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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| 1/27/2006 |
Litigation Alert: California Court Enforces Liquidated Damages in Standardized Form Contracts for Consumer Services |
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| On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.
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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| 11/11/2005 |
Follow-on Biological Products—Legal Issues |
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| 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 |
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| 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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| 10/11/2005 |
Deal Points for Gaming Negotiation |
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| 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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| 2/15/2005 |
Software Escrows as Part of an Intellectual Property Strategy |
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| For many companies, a key aspect of a comprehensive intellectual property strategy is to identify and enforce mechanisms to protect their investment in software purchased from software developers.
more |
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| 11/29/2004 |
Legal Structures for Outsourcing |
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| Business in the U.S. continue to shift a portion of their development, support and other operations offshore to countries, such as India or China, that offer a lower cost structure and a qualified labor pool.
more |
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| 11/18/2004 |
Intellectual Property Strategy and Best Practices in China and India Life Sciences Business Transactions |
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| This paper is based on a presentation made at the Asia America Multitechnology Association ("AAMA") Conference on October 8, 2004.
more |
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| 6/30/2004 |
Top 10 Recommendations for Creating Enforceable Online Agreements |
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| Because the law interpreting the enforceability of online agreements continues to evolve, companies that want to create binding agreements with their online customers still face significant challenges.
more |
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| 2/29/2004 |
Outsourcing Alternatives: Building a Subsidiary versus Contracting Virtual Teams |
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| As more and more businesses are offshoring their non-core and, increasingly, core activities, the debate continues regarding the best working model for offshoring.
more |
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| 2/26/2004 |
Software Outsourcing - Business and Legal Issues Checklist |
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| Outsourcing particular business functions is not something new.
more |
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| 10/6/2003 |
Advanced Issues in Outsourcing Agreements |
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| In recent years, many companies have begun to outsource information systems operations to third party vendors. The outsourcing services may be based on one of two broad types of models.
more |
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| 10/21/2002 |
Key Service Agreement Issues: Service Providers Checklist |
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| Outsourcing of technology-related services continues to grow.
more |
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| 8/1/2000 |
Corporate Partnering: A Strategy for High Technology Companies |
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| Corporate partnering and "strategic alliances" are terms used to describe a symbiotic long-term relationship.
more |
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| 6/4/1998 |
1998 Trends in Software Licensing and Legal Protection for Software |
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| Today's client/server computing environment is evolving toward a more global enterprise-wide distributed computing environment in which the Internet is an integral element.
more |
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| 1/1/1998 |
Technology Licensing and Online Commerce - Legal Transactions Guide |
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| This Guide covers most typical transactions involving technology and high technology and online products and services.
more |
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