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.

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Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Intellectual Property Updates, Science, Computers & Technology Updates

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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