IP Update, Vol. 14, No. 2, February 2011



Patents: Predictable Variations of Simple Mechanical Technology May Be Obvious, Even in the Face of Structural and Operational Differences; Judges Squabble Over the Interpretation of Claims in Light of the Specification; Who Is the “User” of a Claim System; Collateral Estoppel Bars Metabolite from “Eating Its Cake”; Federal Court Enjoy Broad Removal Jurisdiction Based on Arbitration Provision; Court Slices Up Damage Claim with Laser-Like Precision; Patent Reform Act of 2011; and USPTO Hands Down Guidelines to Boost Patent Quality.

Trademarks: Ninth Circuit Clarifies Trademark Dilution Standard, Expands Dilution Claims; and, California Supreme Court Expands Ability to Sue over Deceptive Product Labels.

Copyrights: Defendant Bears Significant Burden to Rebut Presumption of Copyright Validity; Second Circuit Finds Time-Barred Copyright Ownership Claim Prevents Dependent Copyright Infringement Claim; Copyright Licensee Must Own at Least One Exclusive Right for Standing; and, “Barefoot” Copyright Holder Did Not Put on His (Copyright Transfer) Shoes.

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