Intellectual Property Quarterly Newsletter, Winter 2007


In this issue:

Note from the Editors

The Narrowing of Patentable Subject Matter by the Federal Circuit: In re Nuijten and In re Comiskey

Second Circuit Says No Retroactive Copyright Licensing

News & Notes on Reexaminations

eBay Scorecard

The Patent Reform Act: Reining in the Entire Market Value Rule?

Awards and Top Honors

From the Docket

Note from the Editors

In this issue of our Intellectual Property Quarterly Newsletter, we look at one aspect of the pending Patent

Reform Act, the proposed changes to the “entire market value” rule that can be applied in some circumstances

to damages issues in patent cases. If any reforms like the current proposals are ultimately passed in 2008, there could be significant changes in the law relating to patent damages. We also address two recent decisions by the Federal Circuit that appear to narrow the scope of patentable subject matter. Finally, we review a recent decision by the Second Circuit regarding retroactive copyright licensing that could have a broad impact on copyright licensing generally. As the law evolves, including the fallout from the two recent Supreme Court decisions impacting patent litigation—eBay (injunctions) and KSR (obviousness)—we will continue to offer guidance on where the law is going. We hope you find the Morrison & Foerster Intellectual Property Quarterly Newsletter helpful in keeping you abreast of developments in intellectual property law.

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