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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Written by:

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McDermott Will & Emery on:

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