IP Update, Vol. 14, No. 5, May 2011

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Patents:

Joint (Direct) Infringement Still Requires Control … But Stay Tuned; Federal Circuit Grants En Banc Rehearing in Akamai Joint Patent Infringement Decision; Common Sense Variation Is Unpatentable; Can “Within” Include “Without”?; Genetic Diagnosis Method Patents: Sufficient Written Description Versus the Risk of Anticipation; Specific Jurisdiction Rule in Patent D.J. Cases; Best Mode Lacking Where Disclosure “Leads Away” From Commercial Embodiment; Assignments Are Always Subject to Prior Licenses; Adding Only Dependent Claims Is Error Correctible By Reissue; Recapture Is Not Avoided by Merely Narrowing Aspects Unrelated to Surrendered Subject Matter; and The Hacker Who Avoided a False Marking Claim.

Trademarks:

Personal Jurisdiction Lacking Despite Twenty Internet Users from Forum State Signing Up for Defendant’s Website; Domain Name Registrant Found to Lack Bad Faith in UDRP Proceeding Later Loses Against ACPA Claim; Fictitious “Conch Republic” May Receive Trademark Protection Upon Showing of Secondary Meaning; Bridal Shop Loses Trademark Rights for Naked Licensing; European Court of Justice Extends Injunction Granted in One Jurisdiction to Entirety of European Union; False Advertising Injunction Upheld; It’s All Good … And Good for You; Idea Submission Case Involving “Ghost Hunters” Television Series Not Preempted by Copyright Law; and Expanded Protection Against Employee Computer Data Theft Under Computer Fraud and Abuse Act.

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