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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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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