[Link: AIA Impact on University Innovation and Tech Transfer - Sterne, Kessler, Goldstein & Fox P.L.L.C.] IP lawyer Robert Sterne at Sterne, Kessler, Goldstein & Fox has a message for universities and technology centers that generate revenue from patent portfolios built around R&D: the America Invents Act (AIA) changes everything. And not in a particularly… Read more »
What’s on your mind? Four themes in particular, if we go by what you’ve read over the past year: Legal issues related to doing business internationally Dodd-Frank regulations and other financial reforms Intellectual property Health care, including in particular HIPAA regulations and health care reform As popular as those issues were, however, there are many… Read more »
“The unitary patent will provide automatic unitary patent protection in all 25 participating member states (Spain and Italy are not included) in a move said to be directed at cutting costs for EU companies and, hence, boosting competitiveness. Of course, unitary patents and their enforcement via the unified court is available for non-EU applicants as… Read more »
For your reference, a roundup of recent updates on intellectual property law issues in the news: design patents, the patentability of genetic material, trademark disputes, and more. You should know: On Design Patents… The Future of Design Patents (Sterne Kessler): Attorney Tracy-Gene G. Durkin’s take on what the future may hold for design patents. Is… Read more »
Here’s a look at three recent developments in intellectual property law with implications that go far beyond copyright, patent, and other IP issues. You should know: 1. Gray Goods are Red Hot The Supreme Court recently heard oral arguments in a case of international proportions: does the Copyright Act’s doctrine of first sale – which… Read more »
Washington, D.C.-based IP law firm Sterne Kessler has issued an informative series of videos featuring Robert Greene Sterne, the firm’s founding director, discussing the “huge challenges facing the new Patent Trial and Appeal Board at the United States Patent & Trademark Office.” For your interest, Mr. Sterne’s predictions: 1. The Spike: “…discusses the spike in… Read more »
On August 31, 2012, the Court of Appeals for the Federal Circuit issued a ruling that, writes Tony Dutra at Bloomberg BNA, “will likely have more effect on patent law in the future than Apple’s iPhone design patents will.” Nicole Smith and Ryan Malloy (law firm Morrison & Foerster) explain: “In the 6-5 decision, the… Read more »
Earlier this month, the Federal Trade Commission proposed a new set of reporting requirements for the acquisition or transfer of pharmaceutical patents. From the FTC press release: “The Federal Trade Commission is seeking public comments on proposed changes to the premerger notification rules that could require companies in the pharmaceutical industry to report proposed acquisitions… Read more »
“Isolated DNA molecules are patent-eligible, reaffirmed the U.S. Court of Appeals for the Federal Circuit in Ass’n for Molecular Pathology et al. v. Myriad Genetics, Inc. et al., lifting a cloud of uncertainty over DNA composition patents. ‘The isolated DNA molecules before us are not found in nature. They are obtained in laboratory and are… Read more »
Earlier this month, the Seventh Circuit Court of Appeals ruled in Sunbeam Products v. Chicago American Manufacturing that rights held by a trademark licensee do not automatically end when the license agreement is rejected by a trademark owner in bankruptcy. It’s a significant ruling for IP licensees because it allows them to continue to use… Read more »
For your reference, a quick look at who is tweeting what in JD Supra IP Law News this Monday, July 16, 2012: RT @FOSSpatents: JDSupra: Second Circuit Holds Patent No-Challenge Clause Unenforceable | Ropes & Gray LLP – JDSupra t.co/Pnz … — Ginny Caughey (@gcaughey) July 16, 2012 RT @Legal_Alerts: Ten Non-Compete Issues to… Read more »
What’s on your mind? ICANN’s generic top-level domain names, HIPAA compliance and violations, the SCOTUS RadLAX ruling, the EU Cookie Directive, that’s what (and more!). For your reference, the most-read Corporate Law Report posts in June, 2012: 1. HIPAA Compliance: 6 Audit Questions (and Answers) for Covered Entities “Late last year, members of the Senate… Read more »
In late June, European Union officials cleared what appears to be the final hurdle to a unified EU patent and patent litigation system, ending nearly 40 years of negotiations. The sticking point – which country should host the seat of the Unified Patent Court – was resolved with a compromise that splits the court amongst… Read more »
For your reference, a roundup of recent legal commentary and analysis on issues related to doing business in and with China: China 20/20: Legal & Regulatory Developments (Orrick, Herrington & Sutcliffe LLP): “On May 7, 2012, the Ministry of Commerce (“MOFCOM”) issued the Notice on Improving the Filing Administration of Foreign Invested Venture Capital Enterprises… Read more »
”This development likely will make it harder to prove willful infringement and could cost patentees millions of dollars because a showing of willful infringement is required for an award of enhanced damages.” – Ballard Spahr LLP For your reference, here’s an update on a recent Federal Circuit change to the willful infringement standard. From lawyers… Read more »
