IP Update - November 2010

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In This Issue:

Patents:

1 Applicants Can Submit New Evidence in §145 Actions

2 “Promise to Assign” Language in an Assignment Agreement Does Not Give the Assignee Legal Title to the Patents

3 Failure to Object to Improper Use of the Entire Market Value Rule Will Constitute Waiver

4 Original Independent Conception Is Required to Qualify as an “Inventor” Under §102(g)

4 A Party Invoking Prosecution Laches Must Show Evidence of Intervening Rights

5 Subsequent ANDA Filers Have Legally Cognizable Interest in When First-Filer’s Exclusivity Period Begins

6 Preliminary Injunction for Generic Version of an Anti-Inflammatory Suspension Enjoined

8 Take It to France: Case Should Not Be in the United States

8 CERT ALERT: Stanford v. Roche to Be Heard at the Supreme Court

9 En Banc Review of Double Patenting Denied

9 IPO and DOJ File Opposing Amicus Briefs in Myriad

Trademarks:

10 Once Legitimately Registered, Domain Name Held for Ransom Costs Kidnapper $150k

11 Second Circuit Allows Ownership Challenge Against Incontestable Mark

13 “Satisfied Customer” Misrepresentation Sufficient to Support Lanham Act Claims

14 Paris Appeals Court Confirms eBay’s Liability for Selling Counterfeit and Unauthorized LVMH Perfumes on Auction Website

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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