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


In This Issue:


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


Credit Rating Agency Scores Low in Trademark Contest


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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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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