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Intellectual Property

What Impact Will Medimmune Decision
Have on Patent Licensing?

The Supreme Court’s recent Medimmune v. Genentech decision has changed the patent-licensing landscape.

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Bill Aimed at Getting Tough on Infringers Awaits Senate Approval

The Legal Intelligencer

Tuesday, July 22, 2008

To paraphrase a line from a favorite song, you don't always get what you want but, sometimes, you get what you need.

Decisions Keep Inequitable Conduct a Strong Defense to Patent Infringement

The Legal Intelligencer

Wednesday, July 16, 2008

The Northern District of California made a finding that a patent of Therasense Inc. was unenforceable for inequitable conduct in Therasense Inc., et al. v. Becton, Dickinson and Company and Consolidated Cases.

Pending Cases May Decide Future of Patent Legislation

The Legal Intelligencer

Wednesday, July 2, 2008

Passage of any patent legislation in this Congress appears increasingly unlikely. Given the interest shown in patent law by Congress, the patent office, courts and the media, those whose commercial life depends on the patent system may wonder what's next. And what's next may best be discerned from a few pending cases, in which we should see decisions within the next year.

Supreme Court Limits Reach of Patent Protection

The Legal Intelligencer

Tuesday, June 17, 2008

The U.S. Supreme Court's June 9 decision in Quanta Computer v. LG Electronics dealt a blow to patentees by confirming an expanded reach of the patent exhaustion doctrine.

Role of State Courts in Cases of Removal, Remand and Federal Law Issues

The Legal Intelligencer

Wednesday, June 4, 2008

Does your local state court judge need to be familiar with pre-emptive federal laws, such as the federal patent, trademark and copyright laws? Is this question nonsensical given that property rights in patents, federally registered trademarks and copyrights are governed by federal law and, clearly, federal district courts have exclusive jurisdiction over any case involving federal law?

Written Description: A New Hole in the Presumption of Validity Ozone

The Legal Intelligencer

Wednesday, May 21, 2008

Few things are politically debated more in the patent area than the presumption of patent validity. The presumption of validity for a U.S. patent is derived from Title 35, Section 282 of the patent statutes. It is based on deference to the administrative correctnesss of the U.S. Patent and Trademark Office, or PTO, when granting a U.S. patent.

The New IP: Common Law Misappropriation Protection for Financial Information

The Legal Intelligencer

Thursday, May 15, 2008

Virtually every lawyer knows the four main categories of intellectual property: patents, trademarks, copyrights and trade secrets. Typically, if your invention, logo, work or secret failed to fall into one of these categories, there was no protection available. However, the tort of common law misappropriation, which has long existed in some jurisdictions, may provide some additional protections.

Supreme Court Has Another Chance to Limit Scope of Patent Law

The Legal Intelligencer

Thursday, April 17, 2008

The Quanta Computer v. LG Electronics case provides another opportunity for the U.S. Supreme Court to limit the reach of the patent laws.

Protecting Cell Phones Against Digital Trespass

The Legal Intelligencer

Wednesday, April 2, 2008

There is no longer any question that cell phones and other digital technology are providing the means for everyone to stay "connected."

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