IP Update, Vol. 14, No. 4, April 2011

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In This Issue:

Patents:

Sanctions May Be Awarded for Violation of Injunction, Even Absent Infringement; Split Within Federal Circuit On Preemption In Ownership Disputes; PTO’s Prima Facia Case; False Marking Claims Must Be Pled with Specificity as to Intent; Judicial Economy Is Not a Trump Factor in Deciding Transfer Motions; Claim Construction: Too Much Structure Will Spoil the Brew; “Exceptional” in §285 Really Means Exceptional; Specification Must Sufficiently Describe Claimed Invention to Show Possession of Claimed Subject Matter; You Cannot “Game” the Appellate System by Filing a “Protective” Cross-Appeal; Laser Board Game May Be Obvious Based on Laser Computer Game; and, The House Enters the Patent Reform Fray

Trademarks:

No Likelihood of Confusion or Dilution Between CITIBANK and CAPITAL CITY BANK; and, KINDER Not Confusingly Similar to TiMi KINDERJOGHURT

Copyrights:

“Situs of the Injury” for Exercising Personal Jurisdiction over Defendant for Online Copyright Infringement Is Location of Copyright Owner; and, No Standing if Plaintiff’s Exclusive Rights Were Limited in Time

Trade Secrets:

Ninth Circuit No Friend to Winklevoss Twins: Facebook Settlement Stands; and, Software Compilation Not A Trade Secret Under State Law

Please see full update below for more information.

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Published In: Civil Procedure Updates, Conflict of Laws Updates, Intellectual Property Updates

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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