Monday 31 December 2012

Your Intellectual Property Updates

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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
 
 
Intellectual Property Newsletter - December 2012
 
In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a Preliminary Injunction in design patent...
By: King & Spalding
 
 
USPTO Issues Final Rule Implementing Micro Entity Status
 
Last week, the U.S. Patent and Trademark Office published a notice in the Federal Register (77 Fed. Reg. 75019) issuing the Office's final rule implementing the micro entity provision of § 10 of the Leahy-Smith America Invents Act. The notice...
By: McDonnell Boehnen Hulbert & Berghoff LLP
 
 
THQ Goes Down
 
As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances directed at me by my family...
By: Winthrop & Weinstine, P.A.
 
 
Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support
 
Earlier this year we reported on the granting of certiorari for the case of Gunn v. Minton from the Supreme Court of Texas. The case involves a claim of attorney malpractice in an underlying patent litigation matter. The heart of the matter is...
By: Bracewell & Giuliani LLP
 
 
Website Owners: Who Is Liable For Third Party Postings On Your Website?
 
A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the party who owns the website be...
By: Bean, Kinney & Korman, PC
 
 
2012 Top Canadian Entertainment, Media And Communications Law Stories
 
In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on this year's most...
By: Heenan Blaikie LLP
 
 
Most Popular Posts Of 2012
 
Yes, it’s the lazy way to do a post during the week before Christmas and New Year. In my next post, we will use this information to help predict the trends of legal issues for online media, marketing, internet law and start-ups for 2013....
By: Looper Reed & McGraw, P.C.
 
 
IP Update, Vol. 15, No. 12, December 2012
 
In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in Humans ..Rare Finding of Non-Obviousness Based...
By: McDermott Will & Emery
 
 
Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California's Sales Factor Sourcing Rules
 
Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the cost-of-performance rule...
By: Reed Smith
 
 
Top Posts of 2012
 
Here’s a quick summary of the top five blog posts from 2012. 1. American Express Can’t Enforce Arbitration Agreement Antitrust Class Action Waiver. Discussing the Second Circuit case refusing to enforce an American Express arbitration agreement...
By: Howard Ullman
 
 
Bill Could Put Reins on Prosecutors' Efforts to Seize Domain Names
 
Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet domain names accused of...
By: Ifrah Law - Hands-on Counsel, Gloves-off
 
 
BaZynga!
 
Free-to-play games are all the rage these days. Many people while away their days playing Angry Birds, or Words with Friends before going home to watch Monday Night Football. Nerds — and, increasingly, “normal people” — do the exact same thing,...
By: Greenberg Glusker Fields Claman & Machtinger
 
 
If Only I Could Be A Lego Product Tester…
 
Santa brought me one of my favorite trademarked and patented products: a LEGO® set! Yes that is Mr. Firefighter dousing the flames on the LEGO® tree while holding a cup of coffee. The hero of my LEGOland!...
By: Winthrop & Weinstine, P.A.
 
 
Girl Under Fire: Alicia Keys Sued for Copyright Infringement over Girl on Fire
 
Songwriter Earl Shuman sued Alicia Keys for allegedly “sampling” parts of the composition “Hey There Lonely Boy” (“Lonely”) that he co-wrote in 1962. According to the complaint, Keys’ recording of “Girl on Fire” (“Fire”), which is the lead single on...
By: BakerHostetler
 
 
Court Report - December 23, 2012
 
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bayer Pharma AG et al. v. Watson Pharmaceuticals Inc. et al. 1:12-cv-01726; filed December 18, 2012 in the District Court of Delaware •...
By: McDonnell Boehnen Hulbert & Berghoff LLP
 
 
News from Abroad: Speculation Invalidates Invention?
 
Originally published in Forresters on December 23, 2012. Over the past few years the UK patents courts have moved closer to the approach of the European Patent Office (EPO) on inventive step. In particular, the UK courts have started to...
By: McDonnell Boehnen Hulbert & Berghoff LLP
 
 
Are the Regulators Coming after the Patent Trolls?
 
The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition....
By: BakerHostetler
 
 
Will the Supreme Court Review Copyright Damages in Music Downloading Case?
 
Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading activity. Like Mr. Tenenbaum,...
By: Foley Hoag LLP - Trademark, Copyright &
 
 
 
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