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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McDermott Will & Emery on:

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