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

How to Avoid Website Liability

by Fred Zemel on 5/24/2012

Your company's website is the world's window into your business. It can also be the source of unlimited liability. Like any other business risk, this potential liability can be managed. First, you need to know the sources...more

Three Point Shot - May 2012

by Proskauer Rose LLP on 5/23/2012

In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more

Spring Cleaning: FTC Announces Settlement with Oreck Corporation Regarding Vacuum Cleaner and Air Purifier Claims

by Foley Hoag LLP - Trademark, Copyright &... on 5/23/2012

The Federal Trade Commission has been busy. On the heels of its $40 million settlement with Skechers, one of the largest of its kind, the Commission yesterday announced that it has settled with Oreck Corporation regarding...more

USPTO Posts Comments on Genetic Diagnostic Testing

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/23/2012

As part of its efforts to implement the Leahy-Smith America Invents Act, the U.S. Patent and Trademark Office issued a Federal Register notice (77 Fed. Reg. 3748) earlier this year indicating that the Office had begun to...more

My Fellow Californians - Our Long National Nightmare is Over

by Sheppard Mullin Richter & Hampton LLP on 5/23/2012

In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...more

Parody Defence Not Far Far Away

by Heenan Blaikie LLP on 5/23/2012

The good folks at the Lawyers Weekly have published a short commentary of mine on the imminent introduction into Canadian copyright law of a parody and satire defence: Parody defence not far far away. The opening paragraphs...more

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

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Intellectual Property Updates – May 24, 2012