IP Update, Vol. 14, No. 10, October 2011



Internet Advertising Method Found to Be Patent-Eligible; Intervening Rights Can Apply to an Original Claim Based on Arguments Made During Reexamination; Stent Wars: Return of the Dictionary and No Inequitable Conduct; Unclaimed Feature Not Limiting, Even When Required to Practice Claims; Claim Term “a” Does Not Necessarily Include Singular or Plural; Litigation Activities Generally Cannot Be Used to Establish a Domestic Industry for Purposes of § 337; Practicing the Prior Art Is Not a Defense; BPAI—What Constitutes a New Ground of Rejection; Ye Shall Reap What Ye Shall Sow; **WEB ONLY** No Disqualification Where Disclosure of Confidential Information Controlled by Joint Defense Agreement; and USPTO Revises Rules Governing Inter Partes Reexamination Requests


Seller of George Forman Trademarks Down for the Count on Breach of Contract Claims; $32 Million Damages Award Against Web Hosts Reduced by One-Third—Contributory Infringement Limited to Single Award of Statutory Damages; Re-Registration of Domain Name Containing Another’s Trademark Is Not Cybersquatting; **WEB ONLY** “Universal Night Sight” Is a Descriptive Trademark; This BUD’s for Both of Us: Court of Justice of the European Union Considers Effect of Honest Concurrent Use in BUDWEISER Reference; and Court of Justice of the European Union Provides Further Guidance on Circumstances in which Keyword Advertising Constitutes Trademark Infringement


Constitutional Challenge to (File Sharing) Damage Award Rebuffed; Apple’s Software License Restrictions Not Misuse; Federal Question Jurisdiction Exists If Copyright Authorship, Rather than Ownership, Is in Dispute; and **WEB ONLY** First Sale Doctrine of U.S. Copyright Law Does Not Apply to Foreign-Made Works

Trade Secrets:

Section 337 Violation May Be Based on Trade Secret Misappropriation Occurring Abroad

Please see full update below for more information.

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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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