| 2/23/2010 |
Seven Sins—Intellectual Property Mistakes Start-Up Technology Companies Should Avoid |
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| The start-up company often is an exciting and fast moving entity. However, without attention to detail involving intellectual property encompassed within the company product and/or service, the time, effort and sweat equity invested in getting that product and/or service to market can slow down, or even halt, company growth. more |
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| 1/13/2010 |
Bracing for Change in Patentability for Methods: Strategies for Companies and Venture Capitalists to Manage the Bilski Risk |
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| Four Fenwick attorneys recently attended an oral argument at the U.S. Supreme Court at which justices surprised the patent community by signaling that they likely will cut back on the types of methods that are eligible for patent protection. more |
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| 12/9/2009 |
Patent Litigation Alert: Federal Circuit Limits Forum-Shopping |
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| The Federal Circuit last week issued two opinions that substantially impact the tactics used in Texas-based patent litigation more |
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| 12/3/2009 |
Patent Pools in Life Sciences |
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| A patent pool is defined as an arrangement among multiple patent holders to aggregate their patents where all pooled patents are made available to each member of the pool, and standard licensing terms are offered to licensees who are not members of the pool. more |
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| 10/6/2009 |
IP Bulletin Fall 2009 |
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| A recent ruling in a highly publicized case in the United States District Court for the Central District of California rejected an aggressive legal theory that could have led to broad criminalization of the breach of terms conditioning access to websites and other computerized information. more |
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| 9/4/2009 |
Bilski Briefs Span Wide Range of Positions |
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| On June 1, the Supreme Court agreed to decide a case that will have a great impact on what types of inventions can be patented. more |
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| 9/2/2009 |
Ariad Written Description Ruling Could Significantly Impact Biotech Patents |
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| The fate of many chemical and biotechnology patents will soon depend on the Federal Circuit's interpretation of the first paragraph of section 112 of the Patent Act. more |
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| 7/24/2009 |
An Unclear Diagnosis |
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| What constitutes patentable subject matter? The tension between the broad language of 35 U.S.C. Section 101 and the limitations of its scope by the courts is playing out in the context of patent eligibility of process claimsy... more |
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| 7/7/2009 |
IP Bulletin Summer 2009 |
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| The Patent Prosecution Highway (PPH) began in July 2006 as a pilot, one-year cooperative agreement between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO). more |
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| 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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| 6/12/2009 |
The Necessity of eGovernment |
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| This paper presents the positive and negative impact information technology (IT) has had on governance in the United States and argues that effective and efficient eGovernment is a necessity created by the increased and widespread use of IT in the private sector. 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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| 5/6/2009 |
Cleantech Client Alert: Newly-Launched ARPA-E Announces $150 Million Funding Opportunity for "Transformational" Energy Technologies |
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| On April 27, 2009, the Department of Energy announced the availability of up to $150 million of funding for research and development on transformational energy-related technologies. more |
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| 4/15/2009 |
Protecting Innovation: Cleantech and Patents Are Natural Allies |
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| In recent years, the private sector's efforts to develop responses to environmental challenges have focused strongly on technological solutions. For many businesses in this field, patent protection for innovative technology is a key element of their business strategies. more |
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| 4/3/2009 |
American Recovery and Reinvestment Act: Imminent Funding Opportunities for Clean Tech Companies But Funding Comes with Conditions |
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| The American Recovery and Reinvestment Act of 2009 represents the largest government stimulus package in U.S. history. As has been widely reported, President Obama has made the development and adoption of clean technologies a core goal of his policy initiatives. more |
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| 4/1/2009 |
Shrinking Prospects for Private Trade Secret Actions Under the CFAA |
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| The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was enacted in 1984 as a criminal statute, but was subsequently amended in the 1990s to allow for private causes of action for damage to a "protected computer." more |
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| 3/27/2009 |
Advanced Copyright Issues on the Internet |
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| During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds. 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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| 3/19/2009 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
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| The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims... more |
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| 3/18/2009 |
Starting a Company Now?? - Founder and Formation Issues in a Turbulent Economy |
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| TiE Institute - Statrting a Company Now?? Founder and Formation Issues in a Turbulent Market.... more |
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| 3/18/2009 |
Trolls 2.0 |
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| Last week, a bipartisan quartet of senators introduced yet another round of patent reform legislation. As with the prior unsuccessful attempts in recent years, the bills proposed in the House and the Senate address a variety of issues, such as the measure of damages that a patentee can recover from an infringer.... more |
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| 3/16/2009 |
Making Sense of the Revived "Machine-or-Transformation" Test in In re Bilski |
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| On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection...
more |
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| 3/16/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
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| On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection...
more |
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| 3/11/2009 |
FAQ on International Patent Strategy and Execution |
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| The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely its technology–the mere technical 'coolness' of an invention is not a sufficient reason for patenting it....
more |
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| 2/25/2009 |
A Framework for Identifying Inventions Worth Patenting |
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| The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely its technology–the mere technical 'coolness' of an invention is not a sufficient reason for patenting it....
more |
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| 1/15/2009 |
Patent Law Year in Review: 2008-2009 |
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| A Look Back at 2008 and A Look Ahead at 2009....
more |
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| 1/13/2009 |
Costco Decision Could Significantly Change Scope of Attorney-Client Privilege |
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| The case of Costco Wholesale Corporation v. Superior Court, currently pending before the California Supreme Court, may dramatically affect the manner in which clients interact with and utilize their lawyers....
more |
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| 1/8/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
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| Bernard Bilski did not intend to be a poster child for business method inventions. He filed his patent application more than a year before the Federal Circuit decided...
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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| 12/5/2008 |
In re Swanson: Ex Parte Reexamination in the Patent Office Provides Second Chance to Invalidate Patent |
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| It may not literally keep in-house attorneys up at night, but the chance that a relevant patent owned by another may unexpectedly show up on one's desk in the morning is certainly not a pleasant thought.
more |
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| 10/31/2008 |
Patent Alert: Federal Circuit en banc Clarifies the Test for Determining When Processes are Patentable |
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| In a long-awaited decision, on October 30, 2008, the Federal Circuit en banc decided In re Bilski, clarifying the test for determining whether a process patent claim qualifies as patentable subject matter under Section 101 of the U.S. Patent Act.
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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| 9/23/2008 |
Developing a Patent Strategy - A Checklist for Getting Started |
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| For many technology companies, developing a patent strategy is an important component of the business plan.
more |
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| 9/2/2008 |
Copyright Alert: Io v. Veoh—DMCA Covers Video Upload Site Charged With Exposing Skin Flicks |
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| In an important decision with potential implications for the Viacom v. YouTube suit and for every website that hosts user-supplied content, a Magistrate Judge in the Northern District of California has granted summary judgment against a publisher of "adult" films...
more |
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| 8/6/2008 |
Copyright Alert: Cartoon Network v. Cablevision—Buffer Reproductions Are Not Infringing Copies, Holds Second Circuit in "Remote" DVR Case |
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| In a long-awaited ruling, the Second Circuit held on Monday that unauthorized reproductions of data, such as digital movie files, in computer buffers are not infringing copies because they were not fixed "for a period of more than transitory duration." ...
more |
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| 7/28/2008 |
Opinion Letters in the Wake of In re Seagate Technology |
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| Patent infringement is a strict liability offense, the nature of which is only considered to determine whether infringement was willful and enhanced damages are warranted. For decades, accused infringers in patent infringement lawsuits relied on opinions of counsel to defend against willful infringement claims that may lead to enhanced damages...
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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| 6/18/2008 |
Think You Are a Co-Owner of a Copyright?—Think Again |
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| Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008)...
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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| 4/30/2008 |
Privacy Alert: Gov't Rummaging Through Your Laptop's Contents? No Problem If You're Re-Entering USA, Says Ninth Circuit |
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| You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb...
more |
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| 4/24/2008 |
Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC |
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| In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated...
more |
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| 4/8/2008 |
Litigation Alert: Roommate.com en banc |
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| The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.
more |
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| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
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| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar.
more |
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| 3/17/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any, On Roommate.com? |
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| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/3/2008 |
Intellectual Property Bulletin Winter 2008 |
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| 1/17/2008 |
Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? |
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| Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law
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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| 9/19/2007 |
Six Week Countdown for New Patent Rules: A Comprehensive Approach to Building Your Patent Portfolio Before and After November 1 |
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| The United States Patent and Trademark Office [Office] is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications.
more |
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| 9/17/2007 |
Third Strike for Perfect 10? |
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| In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable.
more |
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| 9/11/2007 |
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google.
more |
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| 9/4/2007 |
Picture Perfect: Perfect 10 v. Visa |
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| In the 1940's, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to define First Amendment rights in the 20th century.
more |
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| 8/31/2007 |
Perspective: Patents, post-MedImmune |
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| Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry.
more |
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| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
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| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness.
more |
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| 8/21/2007 |
Patent Alert: New Rules for U.S. Patent Applications |
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| Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution.
more |
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| 8/14/2007 |
Don't Try This on Your Site: Changing Contracts via Website Notice Alone |
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| On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice.
more |
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| 7/31/2007 |
Injunctions After eBay v. MercExchange |
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| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006).
more |
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| 7/30/2007 |
Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA—Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement |
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| On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA)
more |
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| 7/17/2007 |
Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability |
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| On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights.
more |
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| 7/16/2007 |
New Patent Rules Looming: What Do They Mean for Your Portfolio? |
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| The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated.
more |
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| 7/13/2007 |
Top Five Practices for Implementing an Effective Trade Secret Preservation Program |
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| Top Five Practices for Implementing an Effective Trade Secret Preservation Program.
more |
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| 7/5/2007 |
Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
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| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender.
more |
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| 6/26/2007 |
Intellectual Property Bulletin Summer 2007 |
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| On May 23, 2007, Coca-Cola employee Joya Williams was sentenced to eight years in prison for trying to sell Coke's trade secrets to rival Pepsi.
more |
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| 6/18/2007 |
International Patent Strategy: Springboard to Going Global |
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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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| 6/1/2007 |
Playing by the Notice & Takedown Rules: Protection for Online Service Providers |
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| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares.
more |
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| 5/18/2007 |
The Basics of Early Stage Legal_Issues — A Guide for Entrepreneurs |
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| This guide was prepared for TiEcon 2007.
more |
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| 5/17/2007 |
Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right; Image Search Engine Thumbnails Are Fair Use; and a New Test for Online Contributory Infringement |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events.
more |
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| 5/17/2007 |
Litigation Alert: Ninth Circuit Limits CDA Immunity for Internet Service Providers |
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| On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.
more |
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| 5/16/2007 |
Intellectual Property Strategy and Best Practices for R&D Services in China |
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| China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007.
more |
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| 5/1/2007 |
Litigation Alert: KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious |
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| On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws."
more |
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| 5/1/2007 |
Litigation Alert: Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. § 271(f) |
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| On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad.
more |
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| 4/17/2007 |
Legal FAQ: Introduction to Patent Law |
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| A patent is a legal right to exclude others from practicing the patented invention for a limited period of time in exchange for disclosing the details of the invention to the public.
more |
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| 4/17/2007 |
Legal FAQ: Introduction to Patent Litigation |
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| The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it.
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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| 3/7/2007 |
Audio Home Recording Act Does Not Protect Device Distributor Against Copyright Claims Arising From Broadcaster Role |
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| In a case of first impression, and one of the few cases interpreting the statute at issue, a New York district court held that the Audio Home Recording Act, 17 U.S.C. §§ 1001 et seq.
more |
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| 3/7/2007 |
Space-Shifting and Copyright: Can't Take it With You? |
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| Issues arise in highly varied context involving different kinds of access to different kinds of content, provided through different technologies
more |
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| 1/19/2007 |
IP Law in China: Works for Hire |
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| The work made for hire (sometimes abbreviated to work for hire or "WFH") doctrine is an exception to the general copyright rule that the person who actually creates a work is the legally-recognized author of that work.
more |
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| 1/10/2007 |
Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent |
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| Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.
more |
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| 12/15/2006 |
Litigation Alert: En Banc Federal Circuit Adopts Specific Intent Standard for Inducement |
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| On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement.
more |
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| 11/28/2006 |
Copyright Alert: New Exemptions from DMCA Anti-Circumvention Rules Primarily Impact Narrowly Circumscribed Uses and Industries |
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| Effective November 27, 2006, the Librarian of Congress announced the adoption of six exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provision, the exemptions to apply for the next three years.
more |
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| 11/28/2006 |
Copyright/DMCA Developments |
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| The years 2005 and 2006 have seen a substantial group of decisions, including some cases of first impression that flesh out the law of primary and secondary liability, fair use, and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act.
more |
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| 11/20/2006 |
Intellectual Property Bulletin Fall 2006 |
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| The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute and modify covered software provided they do so in a manner consistent with the "free" nature of the software.
more |
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| 11/20/2006 |
The California Supreme Court Considers Web Site Immunity |
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| The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability.
more |
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| 11/8/2006 |
Just Say ... Maybe (Arbitration Finality) |
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| "Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award.
more |
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| 10/31/2006 |
Beware the Dangers of Arbitrators Morphing Into Mediators |
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| Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation.
more |
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| 10/31/2006 |
Litigation Alert: Transforming Uses of a Celebrity's Likeness Are Protected by the First Amendment |
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| On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative
more |
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| 10/31/2006 |
Potential Defenses of Implied Patent License Under the GPL |
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| The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute, and modify covered software provided they do so in a manner consistent with the "free" nature of the software.
more |
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| 7/31/2006 |
Notable New Cases in Copyright/ DMCA Litigation (2005-2006) |
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| The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act.
more |
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| 7/27/2006 |
Court Shifts Balance Between Trade Secrets and Public Interest |
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| Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006).
more |
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| 7/25/2006 |
Litigation Alert: Ninth Circuit Extends Sublicensing Rule to Trademark Licenses |
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| On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission.
more |
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| 7/11/2006 |
Litigation Alert: LG Electronics, Inc. v. Bizcom Electronics, Inc. |
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| On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion.
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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| 6/23/2006 |
Litigation Alert: Supreme Court Dismisses LabCorp Appeal |
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| The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter.
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| 6/1/2006 |
Litigation Alert - California Court Blocks Subpoenas Aimed at Bloggers' Source of Trade Secret Information |
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| On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information.
more |
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| 5/17/2006 |
Going to the Videotape: An Introduction to the Patent System |
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| Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case. This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office.
more |
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| 5/15/2006 |
Litigation Alert: eBay v. MercExchange: Supreme Court Clarifies Test for Permanent Injunction in Patent Cases |
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| A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them.
more |
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| 4/24/2006 |
Patent Rights and Open Source—Can They Co-exist? |
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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 invention.
more |
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| 4/21/2006 |
Litigation Alert: District Court Rules that Shrinkwrap Agreement May Be Enforceable |
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| On April 5, 2006, the District Court for the Eastern District of California ruled in the case of Meridian Project Systems, Inc. v. Hardin Construction Co., L.L.C., Civ.04-2728, that an End User License Agreement ("EULA") contained within software packaging may be an enforceable "shrinkwrap" agreement.
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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| 4/19/2006 |
Trade Secret Identification Rule |
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| Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated.
more |
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| 4/5/2006 |
Putting the "Co" in Development and Promotion: The New Biotech-Pharma Collaborations |
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| A number of strategic reasons exist for partnering among life sciences companies.
more |
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| 3/29/2006 |
USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too |
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| When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue.
more |
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| 3/28/2006 |
2005 Trends in Life Sciences Partnering and Collaborations |
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| Ten years ago, when a biotech company needed to raise capital, the avenue most frequently sought was the capital markets. Today, rising drug development costs can approach $1 billion, making a biotech's need for capital more intense than ever.
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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| 3/20/2006 |
Legal Issues for Entrepreneurs - Formation and Founders Issues |
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| This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation.
more |
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| 3/6/2006 |
Antitrust Update - Supreme Court Eliminates Presumption of Market Power in Patent Tying Cases |
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| On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases.
more |
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| 2/24/2006 |
Perfect 10 v. Google - Analysis of the Preliminary Injunction Decision |
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| Order Granting/Denying Preliminary Injunction (Feb. 21, 2006). Key Holdings—Thumbnail copying for search purposes not fair use, notwithstanding Kelly v. Arriba Soft. No contributory liability.
more |
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| 2/24/2006 |
What Now After Grokster? |
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| “We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression of other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.”
more |
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| 2/22/2006 |
Litigation Alert: Perfect 10's Preliminary Injunction Against Google Exposes New Approaches to Copyright and Fair Use on the Internet |
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| On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet.
more |
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| 2/21/2006 |
Copyright Basics - Just Enough Copyright Law If You Are Not an Attorney or IP Expert |
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| Copyright refers to the rights of authors in works of authorship — as distinguished from patents (whose subject matter is inventions), trademarks (which concern symbols of an enterprise's reputation and goodwill) and trade secrets (information whose value derives from being kept secret).
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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| 1/27/2006 |
Litigation Alert: California Court Enforces Liquidated Damages in Standardized Form Contracts for Consumer Services |
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| On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.
more |
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| 1/23/2006 |
eBay v. MercExchange - Supreme Court to Reconsider Injunction Remedy in Patent Cases |
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| The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005).
more |
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| 1/19/2006 |
International Patent Strategy |
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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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| 1/19/2006 |
Patent Law Developments: 2006 |
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| The Year Past and the Year Ahead
more |
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| 1/3/2006 |
University Licensing: An Introduction to Licensing Technology from Universities |
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| What do Yamaha synthesizers, gene splicing and DSL have in common? They are all based on technology licensed from universities. As these examples show, universities often develop and license new cutting edge technologies.
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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| 11/11/2005 |
Follow-on Biological Products—Legal Issues |
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| Many biologics, including blockbusters like Epogen/Procrit, are nearing patent expiration, and generics manufacturers, including Sicor (acquired by Teva), Barr Laboratories, and Ivax Corporation, are hoping to market generic biologics.
more |
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| 11/3/2005 |
Authorized Generics: Antitrust Issues and the Hatch-Waxman Act |
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| An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name.
more |
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| 10/25/2005 |
Patent Protection for High Technology Companies |
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| Intellectual property is the term used to describe the intangible assets associated with a company's technological innovation.
more |
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| 10/17/2005 |
Patent Litigation |
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| This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases.
more |
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| 10/11/2005 |
Deal Points for Gaming Negotiation |
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| Often pitted against robust publishing companies, independent video game development studios face many challenges when entering into negotiations for video game development and publishing deals.
more |
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| 9/20/2005 |
Extraterritorial Expansion of U.S. Patent Law |
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| With the advent of the global economy, the design, manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas. Naturally, the owners of U.S. patents are increasingly attempting to enforce their U.S. patents against activities carried out at least in part, if not entirely, outside the U.S.
more |
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| 9/15/2005 |
Copyright Alert: Circuit Court Decisions Weaken, Strengthen Hand of Software Owners Using Technological Protection Measures |
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| Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders.
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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| 8/22/2005 |
The Intellectual Property Audit |
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| Intellectual property has an importance today greater than ever before.
more |
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| 8/15/2005 |
'Grokster' Seems Unlikely to Prevent File Sharing by Itself |
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| Once the enabling software had proliferated sufficiently, nothing Grokster could do could stop its operation.
more |
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| 7/19/2005 |
Patent Infringement Under Section 271(f) and the Exportation of Software—Living in a Material World |
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| On July 13, 2005, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding whether the exportation of software code from the United States for distribution and use in foreign markets constitutes an infringement under U.S. patent law.
more |
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| 7/13/2005 |
Phillips v. AWH Corporation—Revisiting the Rules of Claim Construction: Still No Magic Formula |
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| Overview / Commentary / Authors of the Opinion / Summary of the Opinion / Dissents
more |
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| 6/16/2005 |
Start-up Legal Resource Guide: Prepared for the TiE Early Stage Financing Workshop |
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| Seed and VC Financing / Sample Series A Term Sheet / VC for High Tech Companies / Raising Initial Funding in the San Francisco Bay Area / Venture Financing Terms Survey - 1st Quarter 2005 / "Shaking the Money Tree" / Patent Portfolio Strategy for Start-ups
more |
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| 6/14/2005 |
CoStar Reopens Settled Fixation Issue in Online Digital Environment |
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| [T]he U.S. Court of Appeals for the Fourth Circuit undermined a previously unbroken line of cases holding that electronic copies of digital works are "fixed" within the meaning of the Copyright Act if they exist in the random access memory (RAM) of a computer.
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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| 5/20/2005 |
Changes in Store for "Ailing" Patent System |
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| Just a few years ago, it was unusual for patents to make newspaper headlines—but times have changed.
more |
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| 5/1/2005 |
Watch Out For Statutory Bars — Don't Lose Your Patent Rights Before You Even File The Application |
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| Many people are aware of the need to keep patentable inventions secret. However, few people other than patent lawyers understand the reasons for the secrecy, or know the other actions that might cause an inventor to unintentionally lose the right to obtain a patent.
more |
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| 3/25/2005 |
The Entrepreneur Workshop Series: Founders and Formation Issues |
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| Formation Issues and Considerations/Early Stage Issues/Pre-Financing Capitalization Structure/Typical Pre-Financing Capitalization Structure/Stock Options for Employees
more |
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| 2/17/2005 |
Patent Law Developments: 2005 |
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| The Year Past and the Year Ahead
more |
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| 2/15/2005 |
Software Escrows as Part of an Intellectual Property Strategy |
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| For many companies, a key aspect of a comprehensive intellectual property strategy is to identify and enforce mechanisms to protect their investment in software purchased from software developers.
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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| 11/29/2004 |
Legal Structures for Outsourcing |
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| Business in the U.S. continue to shift a portion of their development, support and other operations offshore to countries, such as India or China, that offer a lower cost structure and a qualified labor pool.
more |
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| 11/18/2004 |
Intellectual Property Strategy and Best Practices in China and India Life Sciences Business Transactions |
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| This paper is based on a presentation made at the Asia America Multitechnology Association ("AAMA") Conference on October 8, 2004.
more |
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| 11/2/2004 |
The Interplay Between Standards Bodies and Patents |
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| Technical standards are often used to ensure that products from different companies will interoperate. Many of these standards are created by a standards body composed of companies interested in influencing the particular standard at hand.
more |
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| 9/15/2004 |
Raising Initial Funding for High Technology Companies in the San Francisco Bay Area |
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| This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies.
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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| 7/21/2004 |
Strategies for Getting Patents Issued Quickly |
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| The competitive value of many Internet, business method, or software patents lies in functional features that are exposed when the invention is made commercially available.
more |
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| 6/30/2004 |
Managing Innovation: University-industry partnerships and the licensing of the Harvard mouse |
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| DuPont's Oncomouse patent licensing program continues to cause a stir in academia and industry.
more |
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| 6/30/2004 |
Top 10 Recommendations for Creating Enforceable Online Agreements |
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| Because the law interpreting the enforceability of online agreements continues to evolve, companies that want to create binding agreements with their online customers still face significant challenges.
more |
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| 6/15/2004 |
Assessing Patent Value |
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| Business decisions often depend upon accurately determining an asset's value.
more |
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| 6/15/2004 |
Intellectual Property Bulletin Summer 2004 |
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| Lessons in Patent Prosecution Quality Control from the Federal Circuit/The Complex Legal Implications of Modifying Licensed Software/ Quick Updates
more |
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| 4/22/2004 |
Underutilized Patent Reexaminations Can Improve Business Strategy |
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| Patents deployed for strategic business purposes in a licensing or litigation context must be carefully studied to determine the strength of their claims.
more |
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| 4/16/2004 |
Altering Patent Suit Proof Burden Would Chill Innovation |
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| American ingenuity is encouraged by a patent system that provides incentives for inventors to disclose their inventions in exchange for a period of exclusivity.
more |
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| 3/11/2004 |
2004 Update: International Legal Protection for Software |
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| This report summarizes the legal protection available for computer software in most significant markets around the world as of January 2004. more |
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| 3/11/2004 |
2004 Update: International Legal Protection for Software - CHART |
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| This chart can be used to determine if subject matter protection is currently available in a particular country for either a U.S. or foreign party's software.
more |
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| 3/11/2004 |
Copyright Infringement Litigation with Some Asides on Software Copyright Litigation |
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| Where, What, When, Who and Why
more |
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| 3/8/2004 |
Intellectual Property Bulletin Winter 2004 |
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| Determining the Value of a Patent Portfolio/The Potential Perils of Provisional Patent Applications/Quick Updates
more |
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| 2/29/2004 |
Outsourcing Alternatives: Building a Subsidiary versus Contracting Virtual Teams |
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| As more and more businesses are offshoring their non-core and, increasingly, core activities, the debate continues regarding the best working model for offshoring.
more |
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| 2/26/2004 |
A Powerful Patent Strategy. . . Provisionally |
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| A provisional application is part of a powerful patent strategy, but only if the provisional application is prepared properly.
more |
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| 2/26/2004 |
Software Outsourcing - Business and Legal Issues Checklist |
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| Outsourcing particular business functions is not something new.
more |
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| 2/18/2004 |
Copyright Alert: Ellison v. AOL |
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| In an important ruling handed down February 10, 2004, the U.S. Court of Appeals for the Ninth Circuit continued the trend, begun in A&M Records v. Napster, 239 F.3d 1004 (9th Cir. 2001), of expanding vicarious liability of online service providers (OSPs) for copyright infringement by users, based on the "draw" of the web site.
more |
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| 11/28/2003 |
Intellectual Property Bulletin Fall 2003 |
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| The Proposed Intellectual Property Protection Restoration Act of 2003, Kelly v. Arriba Soft: Search Engines, Web Crawlers and Copyright's Exclusive Right of Display/Quick Updates
more |
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| 10/6/2003 |
Advanced Issues in Outsourcing Agreements |
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| In recent years, many companies have begun to outsource information systems operations to third party vendors. The outsourcing services may be based on one of two broad types of models.
more |
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| 9/29/2003 |
2003 Update: International Legal Protection for Software Chart |
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| This chart can be used to determine if subject matter protection is currently available in a particular country for either a U.S. or foreign party's software.
more |
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| 9/29/2003 |
Intellectual Property Bulletin Summer 2003 |
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| UDRP Versus ACPA: Choosing the Right Tool to Challenge Cybersquatting/Watch Out for Statutory Bars/Your Patent Rights Before You Even file the Application/Quick Updates
more |
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| 9/29/2003 |
UDRP Versus ACPA: Choosing the Right Tool to Challenge Cybersquatting |
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| One of the most frequent sources of conflict on the Internet has resulted from the unauthorized registration and use of domain names containing other parties' trademarks or company names, a practice commonly referred to as cybersquatting. more |
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| 6/4/2003 |
Domain Name Dispute Remedies: Tools for Taming the World Wide Web |
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| Providing a new forum for brand promotion, the Internet has significantly impacted both the use and abuse of trademarks.
more |
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| 6/2/2003 |
Trade Secrets Protection: A Primer and Desk Reference for Managers and In House Counsel |
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| Companies sometimes overlook trade secrets as intellectual property assets because both their creation and continued existence depend upon secrecy.
more |
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| 5/15/2003 |
Intellectual Property Bulletin Spring 2003 |
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| Put It in Writing/Federal Trademark Dilution Law: The New Landscape/Quick Updates
more |
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| 5/1/2003 |
Think Value, Not Cheap for Long-Term Business Success |
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| Entrepreneurship today faces some new realities. Different perspectives exist on what are new realities.
more |
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| 2/28/2003 |
Intellectual Property Bulletin Winter 2003 |
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| Homer and Dr. Evil Meet the Anticybersquatting Consumer Protection Act/Structuring International Manufacturing and Distribution Activities with the U.S. Patent Laws in Mind/Quick Updates
more |
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| 1/1/2003 |
Enzo Biochem v. Gen-Probe: Complying with the written description requirement under US patent law |
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| Recent court decisions effectively call for researchers and companies to reduce their biotechnology and pharmaceutical inventions to practice before they can apply for patent protection.
more |
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| 1/1/2003 |
Patent Licensing for High Technology and Life Sciences Companies |
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| Virtually all high technology companies rely on licenses to achieve their business goals.
more |
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|
| 12/15/2002 |
Intellectual Property Bulletin Fall 2002 |
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| Court Evaluates Meaning of "Derivative Work" in an Open Source License/A Patent Portfolio Strategy for Start-Ups/Electronic Records: A reason for Concern/Quick Updates
more |
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| 11/1/2002 |
A Patent Portfolio Development Strategy for Start-Up Companies |
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| Successful high technology companies recognize that a comprehensive intellectual property portfolio can be of substantial value.
more |
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| 10/21/2002 |
Key Service Agreement Issues: Service Providers Checklist |
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| Outsourcing of technology-related services continues to grow.
more |
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|
| 9/15/2002 |
Intellectual Property Bulletin Summer 2002 |
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| Has the Second Circuit Done Away with Copyright Ownership by Independent Contractors?/An Up-Close Look at the Duty of Disclosure/Quick Updates
more |
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| 5/7/2002 |
eVolution or Revolution? Trademark Law on the Internet |
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| I. Trademark Infringement / II. Likelihood of Confusion on the Internet / III. Trademark Dilution / IV. Cyberpiracy Relief
more |
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| 2/28/2002 |
Intellectual Property Bulletin Winter 2002 |
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| Open Source Code: A Trap for the Unwary/Antispam Laws Coming of Age/Quick Updates
more |
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| 1/1/2002 |
Real Life Trial Issues in Software |
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| Although it seems hard to believe, the first recognized software copyright infringement case of any note took place almost sixteen years ago.
more |
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|
| 12/15/2001 |
Intellectual Property Bulletin Fall 2001 |
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| Are Borderline Generic Domain Names Such As e-cards.com and cards.com Protectable Trademarks?/ European Block Exemptions and What They Mean for California Lawyers/Quick Updates
more |
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|
| 11/15/2001 |
New Anti-Terrorism Law: Practical Issues for Internet Companies |
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| On October 26, 2001, the USA PATRIOT ACT (H.R. 3162) became law.
more |
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|
| 9/15/2001 |
Intellectual Property Bulletin Summer 2001 |
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| Section 2019(d)'s "Reasonable Particularity" Requirement Can Leave Litigants Guessing/Lessons Learned From the Avant! Criminal Trade Secrets Case/Quick Updates
more |
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|
| 8/1/2001 |
Injunction Done Gone; First Amendment Still Here |
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| In an extraordinary moment of drama, the judges of the Eleventh Circuit ruled from the bench at the close of oral argument on Mat 25th to strike down a preliminary injunction that had barred publication of Alice Randall's the Wind Done Gone.
more |
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|
| 7/15/2001 |
.biz/.info Domain Name Registration |
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| As a follow-up to our bulletin on .biz domains, this bulletin provides important information on the new .info top-level domain.
more |
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|
| 5/15/2001 |
Intellectual Property Bulletin Spring 2001 |
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| How Long Do Patents Last?/A Practitioner's Guide To Section 365(n) Of The U.S. Bankruptcy Code/Quick Updates
more |
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|
| 2/28/2001 |
Intellectual Property Bulletin Winter 2001 |
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| Summary of the Key Provisions of the Uniform Computer Information Transactions Act/Federal Circuit Narrows Application of the Doctrine of Equivalents/Quick Updates
more |
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|
| 12/15/2000 |
Intellectual Property Bulletin Fall 2000 |
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| U.S. Patent Applications to be Published/The Privacy Bandwagon Rolls On: More rules from the FTC/Quick Updates
more |
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|
| 12/15/2000 |
The Practitioner Intellectual Property Law, Potent Portfolio, New Year is a Good Time to Assess Intellectual Property |
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| Executives in technology companies are increasingly recognizing that a strong patent portfolio can bring substantial value to their company.
more |
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|
| 9/15/2000 |
Intellectual Property Bulletin Summer 2000 |
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| New Cases Address the Scope of the Fair-Use Doctrine on the Internet/Tips, Tricks and strategies for Getting Your Patent Rights Right Away/Quick Updates
more |
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|
| 8/1/2000 |
Corporate Partnering: A Strategy for High Technology Companies |
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| Corporate partnering and "strategic alliances" are terms used to describe a symbiotic long-term relationship.
more |
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|
| 5/15/2000 |
Intellectual Property Bulletin Spring 2000 |
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| U.S. Encryption Export Regulations Enter The 21st Century/Ninth Circuit Clarifies Scope of Fair Use of Computer Code/Quick Updates
more |
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|
| 2/28/2000 |
Intellectual Property Bulletin Winter 2000 |
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| Significant Changes in U.S. Patent Laws/Another Shot fired in the Privacy Wars: FTC Rules on Children's Privacy/Quick Updates
more |
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|
| 2/28/2000 |
Intellectual Property Update 2000: Significant Changes in U.S. Patent Laws |
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| On November 29, 1999 President Clinton signed the Intellectual Property and Communications Omnibus Reform Act of 1999 (the "Act").
more |
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|
| 12/15/1999 |
Intellectual Property Bulletin Fall 1999 |
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| Predictability in Patent Cases: Supreme Court Review of Federal Circuit Decisions/Separate Spheres: Addressing the Confusion Surrounding Patent Law's Enablement Requirement/Quick Updates
more |
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|
| 10/1/1999 |
What the General Intellectual Property Practitioner Should Know about Patenting Business Methods |
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| In the last couple of years, companies have been filing a phenomenal volume of patent applications with the U.S. Patent & Trademark Office (PTO), and the PTO has been issuing a patents in record numbers.
more |
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|
| 9/15/1999 |
Intellectual Property Bulletin Summer 1999 |
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| The Open Source Software Movement and Intellectual Property/How the FCRA Affects Information Exchanges/ Quick Updates
more |
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|
| 5/15/1999 |
Intellectual Property Bulletin Spring 1999 |
|
| Private Information For Sale: The Coming of Online Privacy Regulations/Avoiding International Trademark Disputes On The Internet/Quick Updates
more |
|
|
| 4/15/1999 |
Free Ride?: Is Advertising on Search Engines' 'Results' Screens Trademark Infringement? |
|
| Internet search engines sell the 'right' to have a company's advertisement emblazoned over the results returned when an Internet surfer searches for the name of the company's competitors.
more |
|
|
| 3/15/1999 |
Method Madness: Patenting Financial Inventions After 'State Street Bank' |
|
| In July 1998, the U.S. Court of Appeals for the Federal Circuit,in State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F.3d 1368 (Fed. Cir. 1998), held patentable Signature's mutual-fund system, overturning a legalistic framework.
more |
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|
| 2/28/1999 |
Intellectual Property Bulletin Winter 1999 |
|
| U.S. Encryption Export Policy Update (Updated February 2000)/Online Service Providers: The New Copyright Enforcers/Quick Updates
more |
|
|
| 12/15/1998 |
Intellectual Property Bulletin Fall 1998 |
|
| Software Patents and Internet Business Methods in the Wake of State Street Bank/Quick Updates
more |
|
|
| 9/15/1998 |
Intellectual Property Bulletin Summer 1998 |
|
| Copyright Misuse and its Effect on the Enforceability of a Copyright/Statutory Damages for Copyright Infringment/Copyright Protection and Gray Markets/Quick Updates
more |
|
|
| 7/30/1998 |
Copyright in the Digital Electronic Environment: Practicing Law Institute "Understanding Basic Copyright Law" |
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| It has been twenty years since, at the dawn of the modern computer age, Congress determined that computer programs would be protected under copyright law.
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| 7/21/1998 |
Trademark Issues in Cyberspace: The Brave New Frontier |
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| Cyberspace raises a variety of thought–provoking trademark and trademark-related issues.
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| 6/4/1998 |
1998 Trends in Software Licensing and Legal Protection for Software |
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| Today's client/server computing environment is evolving toward a more global enterprise-wide distributed computing environment in which the Internet is an integral element.
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| 5/16/1998 |
Systems-on-a-Chip/Intellectual Property Protection and Licensing Issues |
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| I. INTELLECTUAL PROPERTY IS AN IMPORTANT BUSINESS ASSET
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| 5/15/1998 |
A Comprehensive Current Analysis of Software "Look and Feel" Protection |
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| The United States software industry has experienced phenomenal growth since its inception, and remains one of the few technical industries in which the United States demonstrably leads other countries.
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| 5/15/1998 |
Intellectual Property Bulletin Spring 1998 |
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| Clearing Rights to Use Still Images on the Web/Defining the Constitutional Limits of Personal Jurisdiction Over Companies Engaged in Internet Commerce/Quick Updates
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| 5/1/1998 |
Securing and Protecting a Domain Name for Your Web Site |
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| The explosive development of the Internet, accompanies by the exponential and still-accelerating growth in online commerce, is fated to effect important changes in economic power, commercial life, communications and culture.
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| 2/28/1998 |
Intellectual Property Bulletin Winter 1998 |
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| Setting Patent Disputes: Licenses, Settlement and Lear Agreements/Patent Protection for Internet Companies/Quick Updates
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| 1/1/1998 |
New Designs: Licenses May Be Evidence of the Nonobviousness of an Invention |
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| A license agreement frequently transfers some rights in an invention from a patent owner to a licensee.
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| 1/1/1998 |
Technology Licensing and Online Commerce - Legal Transactions Guide |
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| This Guide covers most typical transactions involving technology and high technology and online products and services.
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| 12/15/1997 |
Intellectual Property Bulletin Fall 1997 |
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| Intellectual Property Issues in Eradicating the Millennium Bug/Suppression and Concealment of Inventions: A Software Vendor's Nightmare Named 102(g)/Quick Updates
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| 11/1/1997 |
Guarding Rights in Cyberspace |
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| Digital technology allows 'visitors' to create perfect copies of works from your web site, to distribute them globally at virtually no cost, and to use them in ways that can cause surprising harms.
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| 9/19/1997 |
The Wrong Way: Copyright Misuse Weakens Infringement Claims |
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| In a short opinion destined to constrain the power of copyright holders to control the way customers and competitors can use such works as computer software, the Ninth Circuit has held that "copyright misuse" is a defense to copyright infringement claims.
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| 5/16/1997 |
Global Warning: The Internet's International Nature Presents Complex Patent Problems |
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| Like most other high-technology companies, Internet companies seek to protect their products and ideas from their competitors.
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| 4/1/1997 |
Baystate Holding: Technical Interface Not Copyrightable |
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| A district court in Boston has rendered an important and thoroughly reasoned decision on the copyrightability of computer software technical interfaces, holding that critical elements of such interfaces cannot be protected by copyright law.
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| 3/20/1997 |
Intellectual Property Rights on the Internet |
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| The number of adults using the Internet, in the United states alone, increased from 27 million in January, 1996 to 35 million in September, 1997.
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| 3/1/1997 |
The Enforceability of Shrinkwrap License Agreements On-Line and Off-Line |
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| Computer software companies widely rely on the use of "shrinkwrap" license agreements in the mass market distribution of software.
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| 1/1/1997 |
Performing an Intellectual Property Audit of Copyrights |
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| For many companies in the computer industry and other information-related industries, intellectual property may comprise a substantial, if not the major, part of the company's assets.
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| 1/1/1994 |
Former Distributor Piracy: What to Do Until the Lawyer Comes |
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| You wrote it. They sold it. By their lights, you and your software would have been nothing without them.
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| 1/1/1993 |
Obtaining Ex Parte Relief Against Copyright Pirates |
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| Sometimes the only way to stop copyright pirates is to catch them in the act.
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