IP Update, Vol. 14, No. 8, August 2011


In This Update:


Can Genes Be Patented?; NTP Patents Revisited; Baseless Infringement Allegations (by an NPE) Warrants “Exceptional” Case; Patent License Is Presumed to Cover Continuation Applications; Narrowing Claim Amendment Blocks Application of the Doctrine of Equivalents, Again; Previous Litigation Results in Court Hanging Up on Plaintiff Based on Collateral Estoppel; Federal Circuit Jurisdiction over State-Law Tort Claim; Eastern District of Texas Gives Generics a Headache; and Second Circuit Dismisses $500M Telecom Antitrust Suit.


Kimberly-Clark Finds a Soft Touch on Appeal; Lanham Act Attorneys’ Fees Awarded in the Absence of Damages; Alleged Trademark Sublicense Assignable in Bankruptcy; and Voluntarily Invoking Federal Jurisdiction Constitutes Waiver of Sovereign Immunity.


eBay Abrogates Presumption of Irreparable Harm in Copyright Cases in Ninth Circuit; Ninth Circuit Adopts Lower Court’s Use of Its Own "Blades of Chaos" to Filter Out the Unprotectable Elements of a Plaintiff’s Copyright Infringement Claim; and Copyright Infringement Suit Survives Dismissal Based on Proposed Amended Complaint

Trade Secrets

Personal Jurisdiction in Trade Secret Cases.

Please see full update below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


McDermott Will & Emery on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.