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Informal discovery is an indispensable part of the fact development process and is dominated by web-based resources available to cunning litigators sleuthing the Internet. One resource particularly helpful in patent litigation is the Internet Archive’s Wayback Machine—which enables attorneys to find prior art webpages that are no longer accessible on the Internet.
In this interview, the Commissioner for Patents at the USPTO discusses the America Invents Act, patent harmonization, and the current trend of allowing more patents.
Augmented reality technology is rapidly transitioning from emerging technology into the mainstream, and will raise intellectual property considerations that no one has yet anticipated. How will principles of copyright, trademark, patent, and publicity rights law adapt?
The Federal Circuit’s decision in ResQNet wrought havoc on the standards for the discovery and admission of patent settlements and settlement negotiations. Some of the confusion was resolved with the decisions in MSTG and LaserDynamics, but many questions remain unanswered.
In cases of copyright infringement where indirect profits are at issue, the plaintiff must first prove a causal connection between the use of the original work and final sales of a product. This article considers the plaintiff’s problem in proving this connection, and the moral hazards that may result.
The URS System is designed to give trademark owners a fast and inexpensive way to combat cybersquatting and other forms of trademark infringement by domain name registrants, and it should be incorporated in a trademark owner’s arsenal of weapons to combat online intellectual property infringement.
In an effort to promote licensing, PCT applicants may now submit form PCT/IB/382, informing others that a patent application is available for licensing. It is unclear, however, what consequences may result from submitting this form in countries with compulsory licensing rules.
Despite the difficulty in enforcing patent rights in China, an American company represented by a Chinese law firm successfully settled its dispute against a Chinese chemical technology company after a year of preparation and proceedings.
The U.S. must strengthen its system of intellectual property rights in order to stay on top of global economy.
A look is taken at the changes in law and practice proposed in H.R. 3309.
The clash between American copyright holders and foreign OSPs is an important one, and one that is not likely to disappear soon.
The column provides highlights of recent trademark, copyright, trade secret, and patent cases.
Recent IP developments from around the globe are discussed.