IP Update, Vol. 14, No. 3, March 2011

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In This Issue:

Patents:

Is §292 (Qui Tam) Statute Unconstitutional? Need More than Mouse Disclosure and a Few CIPs to Support Human Antibody Claims; Limitation on the Number of Asserted Claims Does Not Violate Due Process Rights; State Law License Defense to Hypothetical Infringement Suit Satisfies Federal Jurisdiction; Reasonable Royalties Must Be Considered in the Absence of Lost Profits; Chapter Next in the Debate Over Role of the Specification in Claim Construction; I’ll Take the Academic Rate Please; Federal Circuit Denies Rehearing in Prosecution Laches Case; Patent Reform Act Becomes “America Invents Act” of 2011; Federal Trade Commission Releases Report on the Patent System; and; Is EU-Wide Patent Protection on the Horizon?

Trademarks:

VERICHECK Found Suggestive for Check Verification Services; “Internet Trinity” No Longer Holy In Internet Trademark Cases; and; “Outer Limits” of Lanham Act Sustain Consumer Class Action Amid Allegations of Competitive Injury.

Copyrights:

Boop-Oop-A-Doop – Oops! Family of Betty Boop Creator Loses Infringement Claims Due to Flawed Chain of Title; Flower Bed Installation Not Protected by Copyright Act; Copyright Infringement of Test Questions Not Always Redressable; and; Supreme Court Grants Cert on Challenge to Copyright Restoration.

Please see full publication below for more information.

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Written by:

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McDermott Will & Emery on:

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