Why Trademark and Copyright Counsel Should Heed the Patent Precedent of the Supreme Court
By Jonathan Hudis, W. Todd Baker, David M. Kelly, Douglas A. Rettew, Dale Cendali, and Brendan T. Kehoe
Recent Supreme Court patent law opinions regarding injunctions, declaratory judgments, and the first sale or exhaustion doctrine are likely to have a lasting impact beyond patent law. Copyright and trademark attorneys should pay close attention. read more...
IP Assets in a Flat World . . . That Just Got Flatter in the Global Crisis
By Donna P. Suchy and Gordon V. Smith
Any enterprise in any nation that needs access to world capital markets must communicate with the marketplace by financial statements that conform to new international standards. It is critical for IP professionals to understand how these financial reporting standards will impact them, their companies, their clients, and the business community. read more...
By Gwilym V. Roberts, Jay A. Erstling, and Christian J. Girtz
A transatlantic talk between patent lawyers in Minneapolis and London sets the stage for this dialogue about the implications of European patent law for U.S. practitioners. The discussion focuses on the slow convergence of the U.S. and European patent systems. It also identifies certain differences that should signal to U.S. practitioners that they need to keep an eye on Europe. read more...
Squeezing More Patent Protection from a Smaller Budget Without Compromising Quality
By Shine S. “Sean” Tu, Stephen B. Maebius, and Jonathan W. Dudas
The unprecedented economic downturn is forcing many companies to rethink their patent filing strategies. Budgets for filing patents are being cut and in-house counsel are being asked to do more with less. This article offers practical strategies that have proven effective at obtaining more quality patent protection despite smaller budgets. read more...
Lessons to Learn from Post-KSR Pharmaceutical Obviousness Decisions
By Robert H. Resis
By the end of May 2009, the Federal Circuit had decided 30 precedential obviousness cases that did not involve drug-related patent claims and 13 precedential obviousness cases that did involve such claims. These cases reflect the court’s tendency to find drug-related claims nonobvious. In re Kubin, however, may counter this tendency. read more...
Bilski and the Transformation of the Brain
By Jeffrey E. Young
Neuroscientists consider the brain a machine and mental functions a source of physical changes in brain structure. Can the “machine or transformation” test account for mental processes implemented by another machine and transformative of the brain’s physical structures? In the wake of Prometheus and in anticipation of Bilski, the question becomes important. read more...
By Tiffany D. Walker
Meeting of the Minds:
By Daniel J. Buller and Mark H. Wittow
Recent Developments in IP Law
By John C. Gatz
From the Hill
by Hayden W. Gregory
By Don W. Martens
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