IP Update, Vol. 15, No. 1, January 2012

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Supreme Court

Restoration of Copyright in Foreign Works Passes Constitution Muster

Patents
No Declaratory Judgment Jurisdiction over Non-Asserted Claims; Injunction Affirmed

Preliminary Injunctions in Patent Cases Live On

Exceptional Case Fee Award Appropriate if Patent Owner’s Litigation Conduct Is Deemed Vexatious

Transfer of Ownership Requires a Written Assignment

Trademarks

Cancellation of Trademark Registration OK as Sanction for Failure to Comply with TTAB Discovery Orders

Copyrights

DMCA Safe Harbor Held to Protect Content-sharing Website

Chicken, Waffles and Copyrights—Ninth Circuit Upholds Infringement of Public Performance Rights by Restaurant Chain

Excerpt from Restoration of Copyright in Foreign Works Passes Constitution Muster
by Paul Devinsky and Rita Weeks

In a 6-2 decision, the Supreme Court of the United States affirmed a decision by the United States Court of Appeals for the Tenth Circuit upholding a federal law that restored copyright protection to foreign works that had entered the public domain in the U.S.  Golan v. Holder, Case No. 10-545 (Supr. Ct., Jan. 18, 2012) (Ginsburg, Justice) (Breyer, Justice, dissenting, joined by Alito, Justice).

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