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Articles from Related Newsletters
Enforcement Issues Raised By Geographically Descriptive MarksThe Intellectual Property StrategistHow do famous, but geographically descriptive, trademarks impact the ability of second-comers to trade off the fame of the location? A look at a recent ruling on this issue.
A Passport to Virtual WorldsInternet Law & StrategyThe vast majority of online games are designed to allow for gamers to level-up their Avatars in the virtual society by earning virtual currency and/or developing skills that make the character more desirable. The current trend of allowing player-created content has led more players to consider the virtual property that they have created or earned to be their real world property as well.
e-Speech Is Looking Like Free Speech With More Than Just Some Letters Missinge-Commerce Law & StrategyRecent court decisions, congressional legislation and foreign governmental self-help actions appear to be aimed at transforming the new millenniums icon of free speech the Internet into a source of semi-free speech.
Key Pre-emption Ruling in Third CircuitLJN's Product Liability Law & StrategyOn April 8, 2008, the Third U.S. Circuit Court of Appeals issued a significant decision concerning the authority of federal regulatory agencies to pre-empt state tort claims, Colacicco v. Apotex Inc.
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Headlines
A Review of the ITC and the Recent Increase In FilingsPractitioners before the International Trade Commission have noted a substantial increase in the number of filings and Section 337 investigations over the last several years. In addition to providing possible reasons for that substantial increase, this article provides an overview of IP-related investigations at the ITC, and explores the success rate of the complainants over the respondents in the ITC. Finally, this article considers whether the ITC will be "a victim of its own success," following the pattern of the Eastern District of Texas and the Eastern District of Virginia.
Bait and Switch: From the Showroom to the CourtroomAmerican Seating Company v. USSC Group, Inc., which relates to a patent infringement litigation, provides interesting considerations for business managers with responsibility for accused, infringing, and/or non-infringing "alternative" products as well as for legal and financial professionals who deal with the determination of economic damages in patent infringement matters.
Value Behind the Business Process Patent ControversyA decision in the controversial patent case In re Bernard L. Bilski and Rand A. Warsaw v. U.S. Patent and Trademark Office is currently pending in the U.S. Court of Appeals for the Federal Circuit. Nominally, at stake is the future patentability of business methods. In fact, the patent question is but the most visible element. The scope of the underlying topic is far greater. The case highlights the importance of the business processes that link global business networks and create value in the intangible assets that comprise approximately 70% of the average companys market capitalization.
Movers & ShakersWho's doing what; who's going where.
October issue in PDF format
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