IP Update, Vol. 14, No. 1, January 2011


In This Issue: Patents: The 25 Percent Rule Is Fundamentally Flawed; Joint Patent Infringement Requires Agency or Contractual Obligation; Federal Circuit Rejects Use of eBay Factors in Determining Propriety of ITC Exclusion Order; Reading the Inequitable Conduct Tea Leaves in Advance of Therasense; Standard Used for Objective Baselessness Under 35 U.S.C. §285 is the Same as Objective Recklessness Under 35 U.S.C. §284; On Remand from Supreme Court, Medical Method of Treatment Claims Found to Be Patentable Subject Matter; Licensee Can Be “Exclusive” for Standing Even Where Others Have Rights to License the Patents-In-Suit; Venue Not Subject to Construct Manipulation; Evidence of Commercial Success Does Not Require Evidence Supporting Every Implementation of the Invention; and, Notwithstanding Co-Inventorship, State Law Precludes Inventor from Realizing Any Portion of Ex-Partner’s $409 Million Sale.

Trademarks: Proof of Actual Confusion Not Always Required to Recover Lost Profits in Trademark Infringement Claim; and, Sovereign Immunity Bars Trademark Infringement Claims Even If State Entity Institutes De Novo Suit. Copyright: Party Can Violate DMCA Even Absent Copyright Infringement; First-Sale Doctrine Protects Sale of Promotional CDs; and, Challenge to Grant of Attorneys’ Fees in Copyright Case Derailed by Untimely Objection.

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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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