IP Update, Vol. 14, No. 7, July 2011

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Patents

Read, Not Seagate, Controls Enhanced Damages; This (Retractable) Needle Is Going to Sting a Bit: Next Chapter; in the Adventures of Post-Phillips Claim Construction; Therasense Inequitable Conduct Guidelines Explained; Is the Claimed Stent Described in the Specification?; New Dosage of a Known Pharmaceutical: Obvious?; Going Down: Means-Plus-Function Elements on Claims to Elevator Invention Are Structural; Mutual Indemnification Clause Gives Rise to Attorneys’ Fees; Regardless of Prevailing Party; Customer Letter Characterizing Competitor’s Patent as Invalid; and Not Enough to Create Declaratory Judgment Jurisdiction

Cert Alerts

Two New Patent Cases Join Supreme Court’s Fall Docket

Trademarks; “Dashboard” Mark Merely Descriptive of Automotive Information Services; Fashion Designer Allowed to Prevent Use of His Name as Community; Trademark, Despite Having Sold All Trademark Rights; and Naked Licensing Defense Barred Where Licensee Previously Failed to Contest Trademark Validity

Copyrights

“Hot News” Cannot Be Enjoined Under Misappropriation Claim; Really, “You Don’t Mess with the Zohan”; Strict Proportionality Not Required Between Attorneys’ Fees and Damages; Scarlett? Rhett? Frankly My Dear, I Don’t Give a Damn; and I’m Singing the Blues—Sampled Song and Procedural Mish-Mash

Trade Secrets

Broad Injunctive Relief and Damage Award for Misappropriation of Trade Secrets Upheld

Please see full update below for more information.

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