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:

Published In:

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.

© McDermott Will & Emery | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, 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.