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


In This Issue:


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?


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.


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.

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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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