In this issue:

- Hotfile Case Will Shape Copyright Law Online

- Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC et. al.: Federal Circuit Decision Confirms Application of Principle of Prosecution History Estoppel to Design Patents

- Winter 2014 Federal Copyright and Trade Secret Legislation Update

- Announcements And Reminders

- Excerpt from Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC et. al.: Federal Circuit Decision Confirms Application of Principle of Prosecution History Estoppel to Design Patents:

On January 8, 2014, the Federal Circuit in Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC. et. al. confirmed that prosecution history estoppel applies to design patents. Although application of this doctrine to utility patents is well established, the court noted that the issue in regards to design patents was one of first impression. Nevertheless, in its decision, the Federal Circuit overturned a District Court's grant of Malibu Boats' motion for summary judgment of non-infringement on the grounds of prosecution history estoppel. This decision has immediate implications in the prosecution and enforcement of design patents as well as far-reaching consequences on the licensing of their rights.

Please see full newsletter below for more information.

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Topics:  Copyright, Design Patent, Estoppel, Patent Litigation, Patents, Trade Secrets

Published In: Administrative Agency Updates, Intellectual Property Updates, Science, Computers & Technology Updates

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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