Monday 24 December 2012

Your Intellectual Property Updates

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Intellectual Property

 
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Baseball Analogy Catches Differences in Private Equity and Venture Capital Investment Theories
 
Scott Joachim, chair of Fenwick's Private Equity Group, discusses the different vehicles through which limited partnerships (LPs) diversify their investments across venture capital (VC) and private equity (PE) funds. Baseball…
By: Fenwick & West LLP
 
 
Patent Watch: Intel Corp. v. Negotiated Data Solutions, LLC
 
§ 251 suggests to a potential licensee that -- in the absence of contrary language in the licensing agreement -- a license under the patent that is not directed to any specific claims, field of use or other limited right will extend to the full...
By: BakerHostetler
 
 
Patent Watch: IGT v. Alliance Gaming Corp
 
As a threshold issue in any monopolization claim, the court must identify the relevant market. On December 17, 2012, in IGT v. Alliance Gaming Corp., the U.S. Court of Appeals for the Federal Circuit (Bryson, Linn, Reyna*) affirmed the district...
By: BakerHostetler
 
 
FTC and DOJ Explore Role of Patent Assertion Entities in the Patent Innovation Market
 
On December 10, 2012, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly presented the “Patent Assertion Entities (PAEs) Activities Workshop.” This publicly-held workshop signaled a recognition by the FTC and the DOJ that...
By: Farella Braun + Martel LLP
 
 
Levick Weekly - December 21, 2012: Why Netflix Shouldn't Back Down
 
In This Issue: - National Security’s Business Impacts - Why Netflix Shouldn’t Back Down - Class Certification - The SEC Gets Its Groove Back - The Story Of Fragrances - NACD Boardvision - Blogs - Excerpt from Why Netflix Shouldn’t Back...
By: Levick
 
 
I Didn't Realize William Faulkner Used To Live Under A Bridge
 
Those of us that work in the field of intellectual property law have gotten really familiar with a species known as trolls. I’m not talking about mythical Norse creatures. I’m talking about patent trolls, trademark trolls, and copyright trolls. To...
By: Winthrop & Weinstine, P.A.
 
 
Final Rules for Changes to Implement Micro Entity Status for Paying Patent Fees
 
Yesterday, the United States Patent and Trademark Office issued its final rules for Changes to Implement Micro Entity Status for Paying Patent Fees. The rules provide for the filing of a certificate of micro entity status once during the pendency of...
By: Pillsbury Winthrop Shaw Pittman LLP
 
 
Business Litigation Report -- December 2012
 
In This Issue: Firm News: ..Quinn Emanuel Deutschland Named “IP Law Firm of the Year” and “Patent Law Firm of the Year” by JUVE ..Intellectual Property Trial Lawyer Amar Thakur Joins Quinn Emanuel ..Jennifer Kash Named Among The...
By: Quinn Emanuel Urquhart & Sullivan, LLP
 
 
Patent Watch: Presidio Components, Inc. v. Am. Tech. Ceramics Corp.
 
[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages. On December 19, 2012, in Presidio Components, Inc. v. Am. Tech. Ceramics Corp., the U.S. Court...
By: BakerHostetler
 
 
A further (small) step forward towards an EU-wide unitary patent system
 
On 11 December 2012, Advocate General Bot gave his Opinion on Joined Cases C- 274/11 and 295/11, proposing that the Court of Justice of the European Union (“ECJ”) dismiss the cases brought by Spain and Italy challenging the other 25 Member States’...
By: White & Case LLP
 
 
Patent Watch: In re Rosuvastatin Calcium Patent Litig.
 
"The law does not require that no competent attorney or alert inventor could have avoided the error sought to be corrected by reissue." On December 14, 2012, in In re Rosuvastatin Calcium Patent Litig., the U.S. Court of Appeals for the Federal...
By: BakerHostetler
 
 
Intellectual Property Bulletin - Fall 2012
 
In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments - Quick Updates -...
By: Fenwick & West LLP
 
 
"Are Human Genes Patentable?" The Supreme Court Grants Certiorari in Myriad
 
On November 30, 2012, the Supreme Court granted certiorari – in what portends to be one of the most impactful decisions in patent law history – to end the “gene patenting” debate, an issue that lower courts have measured over the past three years in...
By: Phillips Lytle LLP
 
 
Fashion Law Making Strides off the Runway: 2012 Year in Review
 
This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....
By: Ladas & Parry LLP
 
 
[Video] Corporate Law Report: Mobile App Privacy, HR & the FCPA, Insider Trading, First Sale Doctrine, More
 
Provides in-house counsel and executives a top-level video overview of some of the key corporate news items we are following on JD Supra this week. In this episode we look at: Mobile app privacy policies in light of news out of California that...
By: JD Supra Law News
 
 
House Passes HR 6621, Spares Pre-GATT Patents
 
The U.S. House of Representatives passed an amended version of HR 6621 that does not includes the provisions that could have effectively eliminated the term of any pending patent applications that were filed before June 7, 1995 (“pre-GATT...
By: Foley & Lardner LLP
 
 
Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to Their Content?
 
It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....
By: Proskauer - New Media & Technology
 
 
Court Gives Cold Shoulder to Hot Yoga, Finding Yoga Sequences Not Copyrightable
 
On Friday, the Central District of California held that a series of yoga poses designed to improve health is not copyrightable, dismissing claims of copyright infringement bought by Bikram Choudhury against Evolation Yoga....
By: BakerHostetler
 
 
IP Buzz - December 2012
 
In this issue: - Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales - Supreme Court to Consider Whether (Isolated) Human Genes are Patentable - What Colour is Your Trademark? – The...
By: Venable LLP
 
 
The European Unitary Patent And Unified Patent Court System Update
 
The European Parliament has today voted in favour of the proposed Regulation establishing a unitary patent right (UP) across 25 of the EU Member States (excluding Spain and Italy currently) using the enhanced cooperation procedure, along with...
By: Freehills Patent Attorneys
 
 
FTC/DOJ Workshop Shines Spotlight On Competitive Harms and Benefits of Patent Assertion Entities
 
On Monday, December 10, 2012, the Federal Trade Commission and the Antitrust Division of the Department of Justice held a joint workshop (Agenda) on the activities of patent assertion entities (“PAEs”). PAEs, sometimes referred to as “patent trolls,”...
By: Ropes & Gray LLP
 
 
Multi-Defendant Joinder Under the America Invents Act: Much Ado About Nothing?
 
In September 2011, Congress passed the Leahy-Smith America Invents Act (“AIA”), which implemented a number of changes to the U.S. patent system. Notably, Congress took aim at a proliferation of patent infringement suits strategically directed to...
By: Quinn Emanuel Urquhart & Sullivan, LLP
 
 
Unitranche in a Time Crunch
 
In a business climate where merger and acquisition activity has been uneven, and political and economic uncertainty continues to grip the United States and Europe, any additional deal certainty and cost efficiency can give private equity firms a...
By: McDermott Will & Emery
 
 
Congressional Misunderstandings (Apparently) Motivate H.R. 6621
 
The House passed H.R. 6621 last night, on a vote of 308-89 (the roll call being demanded by Rep. Dana Rohrabacher over a request for a voice vote from the bill's sponsor, Rep. Lamar Smith). The substance of the substantive provisions of the bill,...
By: McDonnell Boehnen Hulbert & Berghoff LLP
 
 
Another Shoe Drops in Washington: Ninth Circuit Expands Personal Jurisdiction over Willful Copyright Infringers
 
In Washington Shoe Co. v. A-Z Sporting Goods, Inc. (U.S. Court of Appeals – Ninth Circuit, No. 11-35166, Dec. 17, 2012), the Ninth Circuit expanded the exercise by Federal District Courts of personal jurisdiction over out-of-jurisdiction defendants...
By: Mintz Levin
 
 
University of California Flushes New Logo
 
So, last Friday we covered this story: Critics Flush New University of California Logo. Now, we can report that the next morning, the Los Angeles Times wrote this story: Maligned UC Logo Shelved; “Time to Move On,” Officials Say....
By: Winthrop & Weinstine, P.A.
 
 
 
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