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King & Spalding's Intellectual Property Newsletter - October 2012

In This Issue: - News From the Bench - .. The en banc Court Speaks On Divided Infringement, But Not With One Voice. .. Can Recent Conflicting Decision On The Patent Eligibility of Business Methods Be...more

July 2012: European Litigation Update: European Patent System Is in for Fundamental Changes

Adopting the European Patent Convention (EPC) and establishing the European Patent Office (EPO) – thereby allowing for a single application for a “European patent” (which is more precisely a bundle of national patents which...more

Could Software Imports from Europe Bypass U.S. First Sale and IP Exhaustion Laws?

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more

Federal Circuit Clarifies Appealable Subject Matter from the ITC

The Federal Circuit recently clarified the scope of review that the Court affords appeals from the International Trade Commission (ITC). In General Electric Co. v. U.S. Int’l Trade Comm'n, No. 2010-1223 (Fed. Cir. Feb. 29,...more

Qimonda Ruling Protects Licensees of U.S. Patents, Holding that Application of German Insolvency Law to Cancel Licenses is...

In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to...more

Useful in the United States, But Not in Canada: Divergent Applications of the Statutory Utility Requirements

Recent decisions by appellate courts in Canada and the United States highlight the sharp conflict in judicial application of the statutory "utility" requirements under the patent laws of those countries. The decisions...more

Empresa Cubana v. U.S.(Havana ClubTrademark Dispute)

Decision on Havana Club Trademark Dispute Between Bacardi and Pernod

A divided appeals court in Washington ruled in favor of the U.S. Treasury Department's refusal to renew a Cuban company's trademark for "Havana Club" rum. The decision is the latest development in a long and bitter dispute...more

China Promulgates Specific Conflict Law Governing Foreign-Related Civil Relations

The enactment of this new law is intended to upgrade and systematise the existing Chinese conflict laws, in order to help parties to international civil and commercial transactions choose the proper governing laws, and to...more

The Empire Strikes Back: Recent UK Decision Highlights Uncertainties in Protecting and Enforcing IP Rights Abroad

A recent UK decision highlights the difficulties in protecting and enforcing intellectual property rights outside the United States....more

ACTA - Consolidated Text

ACTA - Consolidated Text

ACTA Consolidated Text....more

Bakalar v Vavra - Second Circuit September 2, 2010

Nazi Art Looting - Jewish Property Declaration Law of April 26 1938

Bakalar v. Vavra was the first Holocaust-Era art case ever tried in a US federal court. The Second Circuit determined that New York, rather than Swiss law, should apply to a case where Fritz Grunbaum, a prisoner who was...more

Bienvenue Sur eBay - Online Auctions for Counterfeit Luxury Goods Carry Different Risks In Different Jurisdictions By Benjamin R....

Local laws can affect online business models in unexpected and dramatic ways, as demonstrated by the string of lawsuits brought by luxury brand manufacturers against eBay in the United States and various countries in the EU....more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *France Approves Pulling Plug on Online Pirates *Google to Permit Trademark Terms in Search Ads *California Courts Shut Out Spam Suits *American Apparel to Pay Woody Allen $5 Million Over Ad Spat...more