James R. Klaiber of Pryor Cashman writes: 'Lexmark v. Impression' raises the important question of the relationship between U.S. copyright and patent laws, as well as how a patentee's statutory exclusive right to bar unauthorized imports should be interpreted.
It's hard enough to make a riveting closing argument in, say, a murder trial, but to do it in a patent case takes a special kind of finesse. In a recent win before a Chicago federal jury on Samsung Electronics Co.'s behalf, Kirkland & Ellis partner Luke Dauchot managed to make patent infringement (dare we say it?) interesting.
The state of Georgia—which for seven years has fought to allow its university system to distribute authors' copyrighted works to students without paying royalties—is suing a California organization for publishing Georgia's annotated code of state laws online for free in what the state contends is copyright infringement.