Thursday, February 23, 2012

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North America   Go to:  USA State developments move down email
USA (Settings)  Flag of USA
Intellectual Property > Copyrights
US Supreme Court sides with Congress and foreign copyright owners on restoration of copyright protection

SNR Denton
The recent decision of the United States Supreme Court will likely result in taking potentially large amounts of works from the public domain and restoring copyright protection to their owners.

Megaupload shutdown signals risks in the cloud

Buddle Findlay
The file storage and viewing websites run by Megaupload were shut down by the US Justice Department in January 2012 alleging copyright infringement.

SOPA and PIPA - implications for New Zealand websites

Buddle Findlay
For many, encountering Wikipedia's blacked-out landing page in mid-January was the first that they had heard of SOPA (Stop Online Piracy Act) and PIPA (Prevent Real Online Threats to Economic Creativity and Theft of Intellectual Property Act*), two US legislative measures aimed at preventing foreign websites from enabling or facilitating infringement of US copyright.

Intellectual Property > Patents Back to top
The USPTO's fee setting authority proposes to reach deeper into patent owners' pockets: how will the public respond?

Ice Miller LLP
The America Invents Act grants the U.S. Patent and Trademark Office (USPTO) the authority to set or adjust any fee for the next seven years within certain limits.

Federal Circuit affirms penalty for deliberate evasion of remedial orders

Brinks Hofer Gilson & Lione
On February 8, 2012, the Federal Circuit issued a precedential opinion in Ninestar Tech. Co. v. Int'l Trade Comm'n, No. 2009-1549 (Fed. Cir. Feb. 8, 2012).

Wireless patent deals cleared by Justice Department, EU

Paul Weiss Rifkind Wharton & Garrison LLP
On Monday, the U.S. Justice Department and the European Union cleared key wireless patent deals that involve Google, Apple, Microsoft, and Research-In-Motion, while warning the parties that the government will not hesitate to act against abusive technology patent lawsuits that aim to thwart competition.

Federal Circuit vacates opinion in Marine Polymer Technologies, Inc. v. Hemcon, Inc., agreeing to rehearing en banc; Venable files amicus brief on behalf of industry associations

Venable LLP
On February 10, 2012, the Biotechnology Industry Organization (BIO) and Pharmaceutical Research and Manufacturers of America (PhRMA) filed a joint amicus brief for the Marine Polymer Technologies Federal Circuit en banc review.

Justices consider patent process for personalized medicine industry

Fenwick & West LLP
In the past decade, personalized medicine has emerged as one of the most promising areas of medical research.

Biosimilar battlegrounds - what is new in biosimilars and where?

Bereskin & Parr LLP
Biosimilars are second entry biologic drugs.

U.S. P.T.O. still accepting green tech accelerated examination petitions, in theory at least

Foley & Lardner LLP
Based on review of the US PTO webpage statistics today, the PTO should still be accepting green tech petitions for accelerated examination.

Federal Circuit Court affirms patent claims are selected by plaintiff, not defendants

SNR Denton
The Federal Circuit Court of Appeals recently upheld a permanent injunction issued by the District of Nebraska where the District Court refused to consider the validity of unasserted patent claims and denied both written description and enablement defenses raised in response to those claims.

Record number of intellectual property infringement cases filed at the ITC in 2011

Brinks Hofer Gilson & Lione
On February 6, 2012, the International Trade Commission ("Commission") issued a press release noting that a record number of new intellectual property investigations were filed at the Commission during FY 2011.

Skechers goes toe-to-toe against the Children's Place in law suit over sneakers

Arent Fox LLP
The US District Court for the Central District of California is currently hearing a patent infringement, trade dress infringement, and unfair competition case over the sale and distribution of competing lines of rhinestone-covered children's sneakers.

Drafting of "exclusive" patent license is crucial: court holds patent licensee lacks rights to enforce patent

SNR Denton
The Federal Circuit has previously held that only a patent owner or an exclusive patent licensee has constitutional standing to bring a patent infringement suit against potential infringers, whereas non-exclusive licensees lack such rights.

The importance of experts in patent litigation

Cole Schotz Meisel Forman & Leonard PA
A case decided this month by the Federal Circuit Court of Appeals involving technology for preparing multi-cryopreserved liver cells reminds how critical experts can be in deciding patent disputes, including in the context of preliminary proceedings.

Federal Circuit upholds Commission's $11 million penalty on Ninestar Technology Co., Ltd. for violating exclusion and cease and desist orders

McDermott Will & Emery
On February 8, 2012 the United States Court of Appeals for the Federal Circuit, in the decision Ninestar Technology Co. v. International Trade Commission, affirmed the Commission's imposition of a penalty of over $11 million on Ninestar Technology Co., Ltd. (Ninestar) and two of its U.S. subsidiaries for their continued importation and sales of refurbished ink cartridges subject to exclusion and cease and desist orders.

Intellectual Property > Trademarks Back to top
LINSANITY: the trademark

Mintz Levin Cohn Ferris Glovsky and Popeo PC
On the heels of recent attempts to trademark a celebrity baby name comes the story of an attempt to obtain trademark protection for the name of a sports celebrity. 

USA State developments (Settings)  Flag of USA
Intellectual Property > Patents
Texas - Frito-Lay claims infringement of tortilla chips design and packaging

Shook Hardy & Bacon LLP
Frito-Lay North America, Inc. has filed a trademark and patent infringement lawsuit in a Texas federal court against a company that purportedly makes a similar tortilla chip product and sells it in similar packaging.

Intellectual Property > Trademarks Back to top
[Repeat] Texas - Frito-Lay claims infringement of tortilla chips design and packaging

Shook Hardy & Bacon LLP
Frito-Lay North America, Inc. has filed a trademark and patent infringement lawsuit in a Texas federal court against a company that purportedly makes a similar tortilla chip product and sells it in similar packaging.

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