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.

Please see full newsletter 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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