Vol. 3 No. 2 November/December. 2010:
Singin the Campaign Blues

Singing the Campaign Blues:
Politicians Often Tone Deaf to Songwriters’ Rights

By Robert W. Clarida and Andrew P. Sparkler

What do John McCain, Marco Rubio, Charlie Crist, Rand Paul, and Sarah Palin have in common with President Barack Obama and French President Nicolas Sarkozy? All have recently been cited for making unauthorized use of copyrighted music in their campaign rallies, YouTube videos, and/or paid advertisements. The continuing series of disputes between songwriters and political campaigns shows no signs of abating.

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The following articles from Vol.3 No.1 September/October. 2010
are available to Section members.
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Third-Party Code: Beware the Trojan Source!
By Katherine C. Spelman and Barbara A. Frederiksen-Cross

Source code development depends heavily on third-party content. Developers are guided by the same principles that govern modern manufacturing: it makes no sense to reinvent the wheel. However, failure to manage the resulting license and usage entanglements opens the door to litigation, trade secret loss, security vulnerabilities, and costly remediation efforts. Before the door opens: beware. read more...

“Access” and “Striking Similarity” in Copyright Infringement Litigation
By Timothy L. Warnock

Direct evidence of copying is rarely found. Plaintiffs often seek to establish an inference of copying by showing that a defendant had access to the infringed work and that there is a substantial similarity between the two works under scrutiny. This article focuses on the question of whether access may be proved when the degree of similarity between two works rises from “substantial” to “striking.” read more...

Opinion:
How the Senate Patent Reform Bill Would Abridge the Right of Judicial Review in Patent Reexaminations—and Why It Matters

By Charles E. Miller and Daniel P. Archibald

Two sections in pending patent reform legislation seem impossible to justify. Sections 6 and 8 of the “Manager’s Amendment” of S. 515 would extend the USPTO’s influence beyond its proper administrative function by diminishing the role of the federal judiciary in reviewing the agency’s decisions in patent reexamination. The result would be dangerous for patent applicants and other USPTO stakeholders. read more...

Negotiating Standards-Related Patent Licenses: How the Deal is Done, Part II
By Michele K. Herman

Part I, published in the last issue of Landslide, ended with a discussion of how the author believes that efforts to “fix” the RAND licensing framework are misguided. Part II further explains her view that, given the realities of licensing negotiations, attempting to define specific terms for RAND licenses for standards-essential patent claims does not optimize the negotiation process. read more...

The JMPL: An Alternative Route to a New Venue
By Brian L. Klock

Many lawyers may think that multidistrict litigation necessarily involves mass tort or product liability cases having dozens or hundreds of claimants. However, a motion before the Judicial Panel on Multidistrict Litigation pursuant to 28 U.S.C. § 1407(a) may offer litigants an alternative, expeditious way of effecting consolidation and venue transfer for pretrial proceedings in patent cases. read more...

The Current Status of the Inevitable Disclosure Doctrine: A Unique Trade Secret Litigation Tool
By Barry L. Cohen

The inevitable disclosure doctrine permits an employer to seek an injunction to prevent former employees from working for a competitor when it is “inevitable” that the former employee will rely upon the prior employer’s trade secrets in the employee’s new job. It is often used in the absence of claims of actual or even threatened misappropriation of trade secrets. This article surveys how the doctrine is applied in each state. read more...

Recent Developments in the Indian IP Laws
By Poorvi Chothani and Punthi Shah

The importance of IP protection in India is growing along with the Indian economy. Indian courts are increasingly enforcing IP rights, imposing penalties and granting damage awards. Since India is a common law country with a legal system based on judicial interpretations of statutes, judicial orders generally become binding law. This article discusses recent cases that impact international IP owners. read more...

Recent Developments in IP Law
By John C. Gatz

From the Hill
by Hayden W. Gregory

Meeting of the Minds
By G. Ross Allen and Francine D. Ward

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