IP Update, Vol. 13, No. 12, December 2010

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In This Issue:

PATENTS:

KSR’d Again: Including a Keypad Is an Obvious Improvement over a Fax Machine; Venue Jurisprudence Evolves … Win Some; Lose Some;

Stipulation to Final Judgment Does Not Constitute Waiver of Right to Appeal; Court Has Personal Jurisdiction over a Foreign Company that Imports Accused Products into the District;

Section 101 Eligibility Satisfied if Invention Has Specific Application to Technology; License to Sue? It Depends on Standing; Patent Holders Cannot Reclaim Scope of Invention Disclaimed During Prosecution; CERT ALERT: There’s Trouble Right Here in River City; and, Derivative Drugs Having Covalent, Non-Ester Modifications of a Previously Approved Drug Are Entitled to New Chemical Entity Exclusivity.

TRADEMARKS:

Seventh Circuit Sets Own Standard for “Exceptional” Cases Justifying Attorneys’ Fees Under the Lanham Act; and, FREECYCLE Marks Recycled to the District Bin.

COPYRIGHTS:

Supreme Court Deadlock Leaves in Place Ninth Circuit Decision Denying First-Sale Doctrine Defense to Resale of Foreign-Made Copyrighted Items.

Please see full newsletter below for more information.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Constitutional Law Updates, Intellectual Property 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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