New US Patent Rules Substantially Increase Burdens and Risks to Patent Applicants - 09/06/07 Intellectual Property September 6, 2007
ATTORNEYS Jason A. Bernstein Michael Lasky Charles L. Warner
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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
ATTORNEYS 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
ATTORNEYS 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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U.S. Supreme Court Permits Licensees to Challenge Patents - 01/16/07 Technology & Intellectual Property January 16, 2007
ATTORNEYS John C. Bush
The U.S. Supreme Court handed down its much-anticipated decision last week in MedImmune v. Genentech, 2007 WL 43797 (U.S. Jan. 9, 2007).
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Accelerated Examination Available to Patent Applicants - Altera IP Alert Altera Client Alert September 12, 2006
ATTORNEYS 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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Fair Use Defense May Not Apply To Use Of "Thumbnail" Images Of Copyrighted Works - 03/03/06 Intellectual Property March 3, 2006
ATTORNEYS Ryan T. Pumpian Damon J. Whitaker
Advances in technology and the expanded ability to commercialize those advances may destroy what were previously considered safe harbors in the realm of intellectual property law. A recent decision from a federal district court in California addressing whether the use of thumbnail images on the Internet constitutes "fair use" under the copyright laws demonstrates this principle.
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Trademark Use in Website Metatags Can Create Actionable Initial Interest Confusion - 02/23/06 Intellectual Property February 23, 2006
ATTORNEYS 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
ATTORNEYS 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
ATTORNEYS 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
ATTORNEYS 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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Congressmen Introduce Sweeping Patent Reform Bill - 6/20/05 Intellectual Property Client Alert June 20, 2005
On June 8, 2005, several U.S. Congressmen introduced a patent reform bill (H.R. 2795) in the House of Representatives. The bill proposes sweeping and controversial changes to the existing U.S. Patent Act. In fact, the bill's chief sponsor, Rep. Lamar Smith (R-Texas), calls the proposed bill "the most comprehensive change to U.S. patent law since Congress passed the 1952 Patent Act."
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Would You Like a Budweiser With Your Feta Cheese? 05/04/05 International May 4, 2005
ATTORNEYS Illya Antonenko Robert Clifton Burns
Also included: To Patent or Not to Patent?; Iraq Contracts Subject to Federal Claims Act Argues Justice Department; BIS Fines Exporter for Failure to Keep Adequate Records; Border Officials Are Turning Away Larger Numbers of Travelers at U.S. Entry Points
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US Supreme Court Weighs In On Trademark Fair Use - 12/04 Intellectual Property
ATTORNEYS Ryan T. Pumpian
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The Adverse Inference is Dead: Should You Still Seek a Non-Infringement Opinion? - 10/04 IP Update October 11, 2004
ATTORNEYS 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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New International Trademark Procedures in the United States: The U.S. Becomes A Member of the Madrid Protocol - 10/03 International
IN THIS ISSUE:
* New International Trademark Procedures in the United States: The U.S. Becomes A Member of the Madrid Protocol
* FDA Imposes Registration Requirement and Advance Notice Rule on Imported Food
* BIS Proposes Guidance on Mitigating and Aggravating Factors Used in Determining Appropriate Penalties
* Breaking News: India Expands Trademark Protection
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