IP Update - October 2010


In This Issue:


1 Practicing a Standard Can Be Used to Prove Infringement

2 Angiotensin Receptor Blocker Not Obvious Under Lead Compound Doctrine

3 Successor to U.S. Subsidiary Liable for Predecessor’s Patent Damages Liability Notwithstanding Its Establishment Pursuant to Foreign Agreement Between Foreign Companies

3 Manufacturers of Patented Products Must Be Licensed to Recover Lost Profits

4 Party Intent Controls Interpretation of Patent Assignments

5 Strict Compliance with Notice Provisions Not Required for Termination of License Agreement

5 Unless Release Is Clear and Unambiguous, Look Out

6 Preambles as Limitations: Storm Flag on the Horizon

6 Court Breathes Life Back into CPR Mask Dispute

7 Envisioning an Invention Not Yet Made Is Not Constructive Reduction to Practice

8 Be Careful What You Argue For

9 Board Continues to Reject Computer-Related Method Claims


9 Exotic Dancing Attire May Be Inherently Distinctive, but the Chippendales “Cuffs & Collar” Costume Is Not

10 Contrary to Fourth Circuit, Eighth Circuit Finds No Confusion from “Stuffing” Towel Dispensers With Non-Branded Toweling

11 European Court of Justice Rules That Shape Of Lego Brick Cannot Be Protected As Trademark


12 No Sale? No First Sale Doctrine Defense

13 Digital Music Downloads Are Not Public Performances

14 Broad but Definite License Agreement on Eminem Masters Means $$

14 Ravens’ Fair Use Defense Won’t Fly

15 Beware Non-Compliance with E-Discovery

Please see full update below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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.

© McDermott Will & Emery | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.