Intellectual Property Newsletter - March 2013


*News from the Bench:

- First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad.

- Dissenting Federal Circuit Judges Abide By The Akamai Standard.

- More On Joint Infringement and The Akamai Standard.

- For Want of An Algorithm The Patent Was Lost.

- Equitable Estoppel Bars Infringement Claims From An Earlier Patent, But Not From Later Continuation-in-Part Patent.

- Federal Circuit Reviews Jury Instructions “As a Whole” Rather Than Specific Challenged Instruction, Affirms Supplemental and Enhanced Damages For Post Trial Infringement.

- Copyright Protection Under The DMCA “Safe Harbor” Provision Affirmed.

*Patent Notes:

- Limits On Discovery In Inter Partes Review Proceedings.

- China: Don’t Overlook Design Patent Protection.

*Clean Tech Bulletin:

- 2012 U.S. Clean Tech Patent Counts.

- Excerpt from First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad:

In Kirtsaeng, the Supreme Court surprised a lot of prognosticators and ruled that the ‘first sale’ doctrine in copyright, 17 U.S.C. §109(a), which provides that “the owner of a particular copy … lawfully made under this title … is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy”, is not limited geographically to the United States.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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