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

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In This Update:

Patents

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.

Trademarks

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.

Copyrights

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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