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Challenges to Patent Validity Under America Invents Act
The Legal Intelligencer
May 8, 2012

The America Invents Act, which was signed into law on Sept. 16, 2011, made the most significant changes to United States patent law in decades. For example, on March 16, 2013, the AIA will transform the U.S. patent system from a “first-to-invent” system to a “first-inventor-to-file” system, in which the first inventor to file a patent application will have priority over another inventor who conceived of an invention first, but did not file a patent application until after the first inventor filed. Full Text


Some Courts Becoming Wary of Porn Copyright Lawsuits
The Legal Intelligencer
May 8, 2012

Many may recall the recording industry’s massive campaign several years ago of suing thousands of people for illegally downloading music through file-sharing over the Internet. These suits generally took, in part, a deterrence approach to stopping file-sharing and were intended to raise public awareness of its illegality. Full Text


Use of Acronyms as Trademarks and Domain Names
The Legal Intelligencer
May 8, 2012

People have relied on acronyms since antiquity, when the government in ancient Rome went by SPQR rather than the more formal Senatus Populusque Romanus. Back then, acronyms may have made it easier for Roman stone carvers, artisans and metalworkers to mark everything from buildings to coins with the insignia of the empire. However, thanks to the convenience offered by abbreviating long phrases into a few characters or syllables, acronyms continue to have pervasive use in modern society. Full Text


Apple’s IPad Issue Highlights Chinese Trademark Laws
The Legal Intelligencer
May 8, 2012

“Chinese apples” is an English term for pomegranates. Pomegranates seem to be plentiful these days, but there is another Chinese apple that is facing extinction: the Apple iPad. Full Text


Changing the Culture of Copyright: What Pinterest Means to Content Owners
The Legal Intelligencer
May 8, 2012

The Internet has created new and complex questions about the permissible use of copyrighted works online and courts have been slow to provide guidance. Pinterest, the latest social media success story, may be the new “it” destination on the web, but it also creates a risk of liability for copyright infringement for nearly every user. The virtual pinboard site adored by millions now ranks as the third-most popular social networking platform, behind Facebook and Twitter. Full Text


Joint Infringement’s Impact on Cloud Computing Patents
The Legal Intelligencer
May 8, 2012

Two of the hot topics in the patent area right now are cloud computing and the doctrine of joint infringement. Joint infringement, also known as divided infringement, is the situation where a patent is drafted in such a way that the actions of more than one actor are required to infringe the patent. Under current U.S. Court of Appeals for the Federal Circuit case law, in general, one actor must be in ultimate control of the other actors performing the relevant acts for there to be infringement. Full Text


Patent Attorneys Should Beware of Copyright Catch-22
The Legal Intelligencer
May 8, 2012

In February 2012, two publishers of scientific journals, John Wiley and the American Institute of Physics, sued two IP law firms for copyright infringement. One suit is against McDonnell Boehnen Hulbert & Berghoff, a 75-attorney firm in Chicago, Durham, N.C., and Port Townsend, Wash. The other is against Schwegman Lundberg & Woessner, a 75-attorney firm in Minneapolis, San Jose, Calif., and Austin, Texas. Both firms advertise their expertise with intellectual property and have active patent prosecution practices. Full Text