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Intellectual Property

Hart v. Electronic Arts Inc.

Thursday, May 23, 2013

The NCAA Football video games do not sufficiently transform Ryan Hart's identity to escape his right-of-publicity claim.

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Are Human Genes Patentable?

Tuesday, May 21, 2013

At oral argument in Ass'n for Molecular Pathology v. Myriad Genetics, the U.S. Supreme Court grappled with the question of whether human genes are patentable. Justice Stephen Breyer seemed to capture the justices' sentiment: "The patent law is filled with uneasy compromises." How the justices decide this case will affect the future work of the U.S. Patent and Trademark Office and shape the path of genetic research.

Prenuptial Agreements for Intellectual Property Joint Ventures

Thursday, April 11, 2013

Counsel should encourage parties to consider all aspects of a potential joint venture. Like a marriage, every hope for the partnership is that it will be successful and full of good fortune. And like a good prenuptial agreement, the joint venture agreement should make the unwinding of the deal less painful.

Walking the 'Thin' Line of Architectural Copyright

Thursday, April 11, 2013

The breadth of copyright protection available for any particular architectural design is primarily dictated by how many nonfunctional, artistic features are expressed. Most modern architectural projects are largely driven by cost efficiencies, building codes and functionality requirements rather than purely aesthetic considerations. The scope of copyright protection for certain architectural works can, accordingly, become narrow or "thin."

Legal Implications of the N.J. Trade Secrets Act

Thursday, April 11, 2013

A year after the enactment of the NJTSA, we have yet to see exactly how the act will play out in the courts. The act does, however, provide important guidelines to employers and business owners in a position to safeguard protectable information.

The Innovation Economy: IP as the Engine to Drive Entrepreneurship

Thursday, April 11, 2013

In a global economy, technology licensing and transfer of technology are important factors in strategic alliances and international joint ventures in order to maintain a competitive edge in a market economy. What role do intellectual property attorneys play in this "innovation economy," and what do they need to know?