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| Intellectual Property Enforcement |
She Who Shall Not Be Infringed - 09/08
September 19, 2008
John C. Bush
Eric P. Schroeder
A federal district court has ruled that an unauthorized fan encyclopedia compiling and describing characters, concepts and events in the “Harry Potter and . . .” book series violates author J.K. Rowling’s copyrights in the works. The ruling, coupled with a similar ruling concerning attempts to capitalize on the Seinfeld television series, makes clear that authors and copyright owners have significant control over who may exploit and profit from the use of their characters and storylines in other mediums and markets.
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Recent Supreme Court Cases Emphasize Importance of Monitoring Patent Portfolio for Investors - 05/08/07
Business & Finance: Private Equity & Venture Capital
May 8, 2007
Amanda Lang Norcross
Ryan T. Pumpian
M. Todd Wade
The Supreme Court has handed down two decisions this year that make obtaining and protecting patents more difficult. These decisions highlight important issues for companies as they seek new patents or make business decisions affected by previously issued patents and for investors in analyzing potential investments.
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Patents Now Harder To Get, Easier To Invalidate
Technology & Intellectual Property
May 3, 2007
John C. Bush
Ryan T. Pumpian
Charles L. Warner
The United States Constitution gave Congress the power to grant patents to promote the progress of science and useful arts. On Monday, the Supreme Court, overruling precedent from the Federal Circuit, made clear that in order to promote such progress, routine improvements cannot receive patent protection.
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Accelerated Examination Available to Patent Applicants - Altera IP Alert
Altera Client Alert
September 12, 2006
Michael Lasky
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Domain Name Disputes: How to Get the Bad Guys Off Your Domain
Altera IP Alert
September 12, 2006
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Supreme Court Clarifies Standard for Granting Injunctions in Patent Cases - 05/17/06
Intellectual Property
May 17, 2006
On May 15, the Supreme Court ruled that, in deciding whether to issue permanent injunctions in patent infringement actions, the trial courts should apply the traditional four-prong test for granting injunctive relief.
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Trademark Use in Website Metatags Can Create Actionable Initial Interest Confusion - 02/23/06
Intellectual Property
February 23, 2006
Ryan T. Pumpian
The doctrine of initial interest confusion has received differential levels of support in trademark infringement cases. "Initial interest confusion" occurs when Company A uses Company B's trademark to lure consumers to Company A.
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Business Method Patents: Protecting Inventions of Service Business Clients
Atltera IP Alert
September 2005
Michael Lasky
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Congress Considers Legislation Amending SBIR Eligibility Rules To Allow Participation By VC Backed Firms; BIO Urges Approval - 8/19/05
Life Sciences and Biotechnology Client Alert
August 19, 2005
Michael H. Chanin
Recent activities of interest to biotechnology companies include initial Congressional action to overturn a Small Business Administration interpretation that limited SBA funding and a Court of Appeals decision that could increase risk and costs where patent protection is being sought for a solution to a problem that is one of several competing solutions.
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Supreme Court Rules Against File-Sharing Services in Copyright Case - 07/08/05
Technology & Intellectual Property Litigation
July 8, 2005
Ryan T. Pumpian
In a unanimous and long-awaited decision, last week the U.S. Supreme Court ruled in favor of a group of movie studios and other copyright holders (collectively "MGM") and against Grokster and StreamCast Networks, two companies that distribute free software products that allow computer users to share electronic files directly through "peer-to-peer" networks.
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The Adverse Inference is Dead: Should You Still Seek a Non-Infringement Opinion? - 10/04
IP Update
October 11, 2004
Ryan T. Pumpian
Charles L. Warner
In this edition of the Intellectual Property Update:
* The Adverse Inference is Dead: Should You Still Seek a Non-Infringement Opinion?
* Gone Phishing
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