IP Update - Vol. 14, No. 9 - September 2011

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In This Issue:

Patents:

Underlying Invention and Not Category Literally Invoked by Claim Determines Subject Matter Eligibility; After-Acquired Knowledge of Unexpected Results Can Defeat Obviousness; Broad Assignment of “Inventions and Discoveries” Puts Auto Giants on the Road Again; Two Patents Revived and Immunized from Subject Matter Ineligibility Under Post-Bilski “Coarse Eligibility Filter”; The APA Waives Federal Sovereign Immunity over Declaratory Judgment Actions; Reissue Patent Did Not Impermissibly Recapture Surrendered Subject Matter if Reissue Claim Was Amended to Substitute in a Synonymous Term; Federal Circuit Affirms Board Finding of Invalidity, but on Different Grounds; Federal Circuit Wraps Up 10-Year Patent Infringement Suit for Tobacco Curing Patents; Lower Courts Are Authorized to Correct Obvious Claim Drafting Errors During Claim Construction; Combining Multiple Parts of a Whole to Create a “Plurality” Renders Any Differences Between Plural and Singular Claim Language Superfluous; Federal Circuit Affirms Non-Obviousness Summary Judgment for Novel Formulation of Prior Art Active Drug Compound; and USPTO Implements New Policy Change on Reissues in View of Recent Federal Circuit Decision

Trademarks:

Credit Rating Agency Scores Low in Trademark Contest

Copyrights:

Second Circuit Holds First Sale Doctrine Inapplicable to Foreign-Made Goods; Ninth Circuit Declares that “The King” Is Dead (in Copyright Cases); UK Supreme Court Holds that U.S. Copyright Claims Are; Justiciable in English Courts; Second Circuit Rejects $18M Settlement in Freelance Writers’ Copyright Suit; Third-Party Web Ads Confer Jurisdiction over Nonresident; EMC Corp. Should Have Drafted a Better Non-Competition Clause; and SCO Can’t Claim Ownership of the UNIX Operating System.

Trade Secrets:

Defendant Not Allowed to Appeal Denial of a 12(b)(6) Motion to Dismiss After Trial

Please see full update below for more information.

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Written by:

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McDermott Will & Emery on:

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