High Court IP Roundup - Last Session, And What's Next

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In recent years, the U.S. Supreme Court seems to have renewed interest in intellectual property issues, and the 2009-2010 term was no exception. While Bilski v. Kappos and the issue of patentable subject matter garnered the lion's share of the attention, the court also clarified the registration requirements for filing a copyright infringement action and addressed antitrust limits on the National Football League's IP licensing practices.

Looking ahead to next term, the court will consider whether the first-sale doctrine in copyright law applies outside the U.S., and it may take up issues including the scope of the U.S. Court of Appeals for the Federal Circuit's jurisdiction, the law of obviousness, and copyright damage awards.

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