| 6/22/2009 |
Litigation Alert: FLIR Systems, Inc. v. Parrish |
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| The California Court of Appeal's recent opinion in FLIR Sys., Inc. v. Parrish, ___ Cal. App. 4th ___, 2009 Cal. App. LEXIS 943 (2d Dist. June 15, 2009) reinforces the need for careful deliberation in determining when and where to seek injunctive relief against trade secret misappropriation by former employees.... more |
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| 5/15/2009 |
Top Ten Patent Issues for the New Director of the Patent and Trademark Office |
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| Imminently, the Obama Administration will be naming
a new Director of the U.S. Patent and Trademark Office ("PTO"). The PTO, which used to be a quiet
backwater of a niche area of law, has recently found itself front and center in some high profile debates.
From congressional efforts aimed at fixing a "broken" patent system to Supreme Court cases considering
whether Internet Age innovations deserve the same patent protection as Industrial Age innovations,
the work of the PTO is increasingly important to our society.....more |
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| 5/15/2009 |
The Transfer of Intellectual Property Rights: Can There Be Too Much Freedom in the Marketplace for Ideas? |
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| We Americans take for granted the fact that intellectual
property rights can be transferred from one person to
another. A small "garage" inventor can sell patent rights to
a manufacturing company. Two sparring competitors can
settle their disputes by a cross-license of rights. Franchises
can be built by licensing out trade secrets to local operators....more |
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| 3/20/2009 |
Intellectual Property Bulletin Spring 2009 |
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| A bipartisan quartet of senators and representatives held a press conference on March 3,
2009 announcing yet another push at patent law reform. Hearings commenced the following
week...more |
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| 12/23/2008 |
Intellectual Property Bulletin Winter 2008/2009 |
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| Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...more |
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| 10/20/2008 |
The Still Blurry Standards for Proving Trademark Dilution |
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| In 2006, Congress passed the Trademark Dilution Revision Act, or "TDRA." Hailed by some and criticized by others, the TDRA was widely expected to make it easier for the owners of famous trademarks to prevail in claims for trademark dilution...more |
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| 10/17/2008 |
Intellectual Property Bulletin Fall 2008 |
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| In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...more |
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| 7/15/2008 |
Intellectual Property Bulletin Summer 2008 |
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| Rejecting the authority of a trio of more recent Ninth Circuit cases on the ground that their holdings could not be reconciled with an earlier Ninth Circuit decision, a Washington District Court has held a transfer of computer software to represent a sale, not a license...more |
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| 5/19/2008 |
Intellectual Property Bulletin Spring 2008 |
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| Just as a semiconductor clean room aims to exclude airborne particles that could contaminate wafer layers, so the legal software clean room has sought to protect computer software developers from contaminating "access" to earlier works they might be charged with copying...more |
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| 3/3/2008 |
Intellectual Property Bulletin Winter 2008 |
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| After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1. more |
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| 10/12/2007 |
Intellectual Property Bulletin Fall 2007 |
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| Disclosures to government regulators have always posed risks to trade secrets and other proprietary information. more |
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| 4/2/2007 |
Intellectual Property Bulletin Spring 2007 |
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| The Supreme Court has ruled that patent licensees do not need to breach their license agreements before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more |
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| 12/19/2006 |
Congressional Balancing Act - The Trademark Dilution Revision Act of 2006 |
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| U.S. trademark law took another significant step forward in 2006 with the enactment of the long awaited, much debated amendments to the Federal Trademark Dilution Act (FTDA). more |
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| 6/30/2006 |
Intellectual Property Bulletin Summer 2006 |
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| A patent gives its owner the right to exclude others from making, using and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his or her invention. more |
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| 4/19/2006 |
Fair Use Palooza—The Supreme Court's KP Permanent Decision Opens a Can of Worms |
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| Statutory, or classic "fair use"—the use, other than as trademarks, of common words, in their ordinary descriptive sense—has long been a seemingly straightforward, not particularly controversial aspect of trademark law. more |
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| 3/22/2006 |
The Trademark Dilution Revision Act of 2005 Takes Actual Dilution To Task |
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| Three years ago, in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) ("Victoria's Secret"), the Supreme Court held that the Federal Trademark Dilution Act of 1995...more |
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| 3/21/2006 |
Intellectual Property Bulletin Winter 2005/2006 |
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| In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more |
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| 2/7/2006 |
Trademark Selection and Protection for High Technology Companies |
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| Among a company's most valuable assets are the symbols by which that company and its products or services are known to the public. more |
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| 11/22/2005 |
Intellectual Property Bulletin Fall 2005 |
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| On November 7, 2005, the Recording Industry Association of America issued a press release announcing settlement of the longstanding file-sharing dispute with Grokster. more |
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| 8/25/2005 |
Strategic Intellectual Property Planning |
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| The recognition of intellectual property as an intellectual asset, and an asset generally, is paramount to successful strategic intellectual property planning. Intellectual property should be thought of as having the characteristics of an asset, and should be so managed. more |
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| 6/14/2005 |
Intellectual Property Bulletin Spring 2005 |
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| CoStar Reopens Settled Fixation Issue/Trademark Infringement and the Fair Use Defense/Changes in Store for "Ailing" Patent System/Family Entertainment and Copyright Act Becomes Law. more |
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| 6/14/2005 |
Trademark Infringement and the Fair Use Defense |
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| In a December 8, 2004, decision, the Supreme Court resolved a split in the appellate courts on the significance of likelihood of confusion in a fair use defense to a trademark infringement claim. more |
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| 6/1/2005 |
Typosquatting and the Duty to Police Infringing Trademarks |
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| Initial Interest Confusion and 'Post-Initial Confusion'. more |
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| 5/23/2005 |
Correct Inventorship Prevents Patent Application Headaches |
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| Although companies race to the U.S. Patent and Trademark Office to build their patent portfolios, technically, a company is not granted a patent. more |
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| 12/28/2004 |
Intellectual Property Bulletin Winter 2004—2005 |
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| Trademarks on a Shoestring for Start-Ups/Circuit Courts Narrow the Reach of the DMCA's Anti-Circumvention Provisions/Quick Updates more |
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| 9/10/2004 |
Intellectual Property Bulletin Fall 2004 |
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| Federal Circuit Whacks the Doctrine of Equivalents Again/The Role of Dictionaries in Patent Claim Construction/ Quick Updates. more |
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