IP Magazine, October 2006: A Patent Too Far?

IP law's long arm sweeps in tax strategies. In-house counsel should keep a sharp eye on software code as it comes and goes. China is drawing its own line between competitive concerns and IP rights. All this, and more, in the latest issue of Legal Times' IP .

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IP law’s long arm sweeps in tax strategies, counsel should keep a sharp eye on software code as it comes and goes, and China is making its choice of when do competitive concerns trump IP rights. All of this, and more, in the latest issue of Legal Times’ IP .
• Editor’s Note A few words from Managing Editor Elizabeth Engdahl about the latest issue of IP.
♦ COVER STORY ♦
• Whose Tax Law Is It? Has patent law finally gone too far? Perhaps it’s OK to protect a host of old business methods when they are translated fresh for the Internet, but nobody can claim ownership of methods for complying with the law — or can they? A wave of patents and patent applications for tax strategies is worrying the tax bar and, maybe, Congress. by Paul Devinsky, John Fuisz, and Thomas Sykes
♦ FEATURES ♦
• Old Battle, New Field China is trying to find the right balance between the laws of competition and creativity, a policy debate only recently settled here. by Leiv H. Blad Jr. and Paul R. Frontczak • Tilting Over Trademark Title’s Transfer Should the trademark law be moved from Title 15 to Title 35 of the U.S. Code? Reasonable people can disagree — vigorously. by J. Thomas McCarthy and Peter G. LeFevre
• On the Open-Source Frontier With Version 3 of the General Public License on the horizon, companies should pay close attention to their open-source procedures. by Martin M. Zoltick and David B. Orange
• I Coulda Done That! Next month the Supreme Court will hear a patent dispute in KSR v. Teleflex. Amici have already put in their two cents urging the justices to rethink the law on obviousness.
♦ IN THE NEWS ♦ • Patent Reform Pondered Spurred by an increase in patent litigation and jury awards reaching into the millions, a new coalition is urging federal lawmakers to support legislation that would change the way the courts handle patent suits. • When in Doubt, Save the Data How will the new Federal Rules of Civil Procedure on electronic information, which take effect Dec. 1, change patent practice? Legal Times talks to Adam Kessel of Boston’s Wolf, Greenfield & Sacks, who knows patent litigation and prosecution from the inside. • Model Bill Seeks Harmony in States Supporters of the model trademark bill plan their next big push to harmonize the states’ laws with recent changes in federal practice. • Sleepy Texas Town, Speedy Court Lufkin, Texas, is fast becoming the next favorite destination for patent plaintiffs. The sleepy town of less than 40,000 residents, said to be home to more pottery manufacturers than software companies, is now ground zero for some high-profile patent litigation. • High Court Mulls Patent Licenses The Supreme Court heard arguments this month in a case that could have profound business implications for patent holders and those who pay them for licenses to use those patents.

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