Intellectual Property

A Patent Landscape Analysis: iPSCs

by Antoinette F. Konski | Foley & Lardner LLP on 5/21/2013

There are several emerging technology clusters in the induced pluripotent stem cell (iPSC) space. Simon Elliot and I conducted a patent landscape analysis focusing on issued U.S. patents and pending applications....more

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

by Judy Selby | BakerHostetler on 5/21/2013

When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion....more

USPTO Launches New After Final Consideration Pilot Program to Reduce Requests for Continued Examination (RCEs)

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/21/2013

In a Federal Register Notice published on May 17, 2013, the USPTO announced After Final Consideration Pilot Program 2.0 (AFCP 2.0) as part of its ongoing efforts to “reduce pendency by reducing the number of Requests for...more

BLM Issues New Draft Fracking Regulations

by Paul Enockson | BakerHostetler on 5/21/2013

On Thursday, May 16, the Bureau of Land Management (BLM) issued its lasted proposed fracking regulations. The proposed regulations would require wider disclosure of fracking chemicals. The regulations also require water...more

What Merchants Need to Know About the Mobile Payments Services Ecosystem: Patent Infringement Disputes

by Erica Wilson | Davis Wright Tremaine LLP on 5/21/2013

At LSI’s Merchant Strategies for Mobile Payments Conference in Seattle on May 14, DWT’s Erica Wilson presented on the topic of “What Merchants Need to Know About How the Key Players in the Mobile Payments Services Ecosystem...more

Changes in the Rules for ITC Section 337 Investigations Are Now In Effect

by Alison Baldwin | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

On May 20, 2013, new rules of practice and procedure go into effect for International Trade Commission Section 337 Investigations, 19 C.F.R. Parts 201 and 210.1 Many of these rule changes were made for the purposes of making...more

DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools

by Shylah R. Alfonso, Jacqueline Young | Perkins Coie on 5/21/2013

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party...more

Focused on Franchise Law - May 2013

by Barry Kurtz on 5/21/2013

FRANCHISOR 101: STATES UPPING THE ANTE FOR FRANCHISORS - A LEGISLATIVE UPDATE - Laws focusing on the franchisees' rights are referred to as relationship laws, and in recent months, franchisee groups fighting for new...more

Employee Working For You? You Say "No", LinkedIn Says "Yes"

by Michael Schmidt | Cozen O'Connor on 5/21/2013

Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more

The Second Circuit’s Aereo Math: One Copy + One Subscriber ? Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

I Thought We Broke Up Years Ago! Why You Should “Throw Out” Trade Secrets As Soon As A Business Relationship Ends

by Valerie Goo | Orrick - Trade Secrets Group on 5/21/2013

The Fifth Circuit’s affirmance last week of a $44.4 million trade secrets award in the Wellogix v. Accenture case is a weighty reminder of the power of circumstantial evidence in trade secrets cases, and the importance of...more

Alice in Patentland II – Can a Look Across the Pond Help?

by Orlando Lopez | Burns & Levinson LLP on 5/21/2013

On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int’l v. Alice Corp. Alice, an Australian corporation, had appealed the decision of the District Court invalidating the claims for not...more

The Issues of Trademark Infringement and Dilution Go “Wild”

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/20/2013

Those of us in a certain age bracket will remember Mutual of Omaha’s “Wild Kingdom” television program that first began in 1963. The Emmy Award-winning show’s first run ended in 1986, and the show went into production again...more

What Do Trademark Owners Need to Know About the Trademark Clearinghouse for New gTLDs?

by Bonnie Headley | Bennett Jones LLP on 5/20/2013

The Internet Committee for Assigned Names and Numbers (ICANN), a nonprofit organization that oversees the use of Internet domains, has recently implemented a new generic Top-Level Domain (gTLD) program for the purpose of...more

ITC Section 337 Update - May 15, 2013

by King & Spalding on 5/20/2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Around the Virtual World: May 13-17, 2013

by Pillsbury Social Media, Entertainment &... on 5/20/2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - What's the Matter With Zynga? - Video game maker drops gun makers, not their guns -...more

Court Report -- May 19, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 5/20/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware - •...more

Governor Signs New Trade Secrets Law

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more

Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

by Darren Donnelly, Enia Titova | Fenwick & West LLP on 5/20/2013

Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable "abstract...more

Lady Gaga: She’s No (Copyright) Monster

by Anthony Rufo | Foley Hoag LLP - Corporate Social... on 5/20/2013

The federal district court in New Jersey has dismissed Stefani Germanotta, a.k.a. Lady Gaga, from a copyright lawsuit filed by composer and record producer Calvin Gaines. Mr. Gaines alleged in his complaint that his writing...more

Patent Eligibility of Software Innovations After CLS Bank

by Richard Gervase Jr., Peter Snell | Mintz Levin - Intellectual Property on 5/20/2013

The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent...more

The Most Famous Bottle Design, Forever?

by Steve Baird | Winthrop & Weinstine, P.A. on 5/20/2013

Coca-Cola settled on its famous contour bottle design almost 100 years ago, in 1916, after several years of trials with other far less distinctive shapes (at least under today’s standards)...more

CIS Legal Update - May 2013: Developing Russia’s Military-Industrial Complex

by Dechert LLP on 5/18/2013

On October 16, 2012 the President of the Russian Federation signed a federal law establishing the Advanced Research Foundation (“ARF”) , a specialized legal entity that will be responsible for research and development in the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/17/2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

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