Intellectual Property Law | JD Supra Legal News, Updates, Analysis, & Information

Bar Fight: Cuervo and Maker's Mark Duke It Out Over Red Wax [audio] [Video]

by Bloomberg Law on 5/23/2012

May 23 (Bloomberg Law) -- There's something about the color red that makes IP lawyers see red. First it was the battle over whether women's shoe maker Christian Louboutin had the exclusive right to use red soles. Now tequila...more

Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope

by Ropes & Gray LLP on 5/23/2012

On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more

USPTO to Raise Patent Fees A Bit More

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/22/2012

Last week, the U.S. Patent and Trademark Office published a notice if the Federal Register (77 Fed. Reg. 28331) proposing another increase in patent fees. The newly proposed adjustment in fees, which would go into effect on...more

Federal Circuit Upholds Jury’s Verdict Invalidating a Software Patent Under the On-Sale Bar of 35 U.S.C. §102(b)

by Patton Boggs LLP on 5/22/2012

In Leader Technologies, Inc. v. Facebook, Inc., No. 11-1366 (Fed. Cir. May. 8, 2012), the Court of Appeals for the Federal Circuit recently affirmed a District Court jury’s verdict that a software patent was invalid as...more

Court Report - May 21, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/22/2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Orion Corp. v. Mylan Pharmaceuticals Inc. 1:12-cv-00523; filed April 26, 2012 in the District Court of...more

Federal District Court’s Copyright Ruling Favors Georgia State University

by Franczek Radelet P.C. on 5/22/2012

In a case that has been closely watched through the higher education community, the U.S. District Court for the Northern District of Georgia held on May 11, 2012, that Georgia State University (GSU) was entitled to prevail in...more

mHealth Stakeholders: Bullet List of Legal Considerations

by Duane Morris LLP on 5/22/2012

You are a device maker, an app or software developer, a potential investor, a healthcare provider, a healthcare payor or an insurer and you see opportunities in mobile health (mHealth). You have an idea for a revolutionary...more

Applying Prometheus To Myriad: Possible Outcomes

by Sheppard Mullin Richter & Hampton LLP on 5/22/2012

Originally published in Law360, New York, May 21, 2012 -- On March 26, 2012, the U.S. Supreme Court issued a much anticipated GVR (grant [certiorari], vacate and remand) order in the Association for Molecular Pathology v. the...more

What If I Discover Unlicensed IBM Software on My Servers?

by Scott & Scott, LLP on 5/22/2012

Scott & Scott, LLP attorney Christopher Barnett suggests tools to minimize licensing exposure resulting from unintended IBM product deployments....more

Full Text Available of Settlement on Mechanical Royalties, as Copyright Royalty Board Seeks Comments

by Davis Wright Tremaine LLP on 5/21/2012

Last month, we wrote about the proposed settlement on "mechanical royalties" under Section 115 of the Copyright Act. These royalties are paid when "reproductions" are made of a musical composition. In the analog world, these...more

GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case

by Ballard Spahr LLP on 5/21/2012

In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement claims lodged by a trio...more

Brand Extensions That Significantly Expand Trademark Strength, Scope, and Risk

by Winthrop & Weinstine, P.A. on 5/21/2012

As we have written before, any brand extension requires the necessary due diligence to mitigate the risk of a serious trademark conflict. And, from a trademark perspective, both strength and scope of rights necessarily expand...more

Patents County Court: Case Management Directions

by Jane Lambert on 5/20/2012

Case management conferences are very important in Patents County Court litigation. They present the only opportunity to stay an action or transfer it to another court. They are the occasion when the court decides the...more

Franchise Review - May 2012: Franchising in Quebec

by Osler, Hoskin & Harcourt LLP on 5/18/2012

When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more

gTLD Launch: An Update on the TAS Interruption

by Mintz Levin - Intellectual Property on 5/18/2012

As previously posted, ICANN’s TLD application system (“TAS”) has been plagued by a “technical glitch ” that has caused the online application system for new generic top level domains (gTLDs) to be taken offline in order to...more

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Intellectual Property Updates – May 23, 2012