Some Economics of Royalty Bundling
By Jeffrey Cohen, Divya Mathur, and David Giardina
The value of a patented invention need not be higher than its standalone worth just because it gets bundled with another good, even a “bigger” good. The value of the patented invention in bundled goods may be higher, lower, or the same as its value in a standalone good. Most importantly, the value of the patented invention in the bundle can be distinct from the economic underpinnings of bundling itself. So how do economic principles apply to patent royalties in the presence of bundling? read more...
Cases and Controversies in Post-MedImmune Trademark Infringement and UnfairCompetition Declaratory Actions
By Theodore H. Davis Jr.
Both Article III of the U.S. Constitution and the Declaratory Judgment Act require federal courts acting under their authority to find an “actual controversy” before proceeding. Application of this requirement in unfair competition litigation following the Supreme Court’s opinion in MedImmune, Inc. v. Genentech, Inc. is examined, with a particular emphasis on the significance of prior pending matters between the parties. read more...
The Right to Read for Blind or Disabled Persons
By Krista L. Cox
The World Intellectual Property Organization has been considering proposals for an international instrument to expand access to copyrighted information for blind or disabled persons. However, a diplomatic conference to negotiate the text of the treaty has not yet been convened. Author Krista Cox discusses U.S. copyright limitations and exceptions for persons who are visually impaired, the human right to access to information, and the current state of play at WIPO of this potential treaty. read more...
Golan v. Holder: Copyright “Restoration”
By Eric J. Schwartz
Stiff penalties may be imposed if litigants and their lawyers do not preserve relevant evidence in their possession, custody, or control once litigation is reasonably anticipated. To competently and efficiently represent a client while avoiding these penalties, lawyersmust define and manage the broad scope of what constitutes “relevant” evidence. read more...
Impact of the AIA on Patent Litigation: Changes that May Affect Your Choice of Forum
By Carl Charneski
The America Invents Act has changed the dynamics in intellectual property practice, and particularly with patent infringement actions. The changes brought on bythe AIA may affect a litigant’s choice of forum betweendistrict court and the United States International TradeCommission. This article addresses the differencesbetween the two fora and the circumstances that mayimpact a litigant’s choice. read more...
Copyright Law in Canada—Similar, But Not the Same
By Mark Edward Davis
Successive minority governments have repeatedly attempted to modernize Canadian copyright law. The Parliamentary process and successive elections have prevented these legislation initiatives from becoming law. In September 2011, Bill C-11, the Copyright Modernization Act, was introduced and is expected to be enacted. The bill is intended to bring Canadian law into line with international treaties and address U.S. concerns over the application of Canadian copyright law to new technologies. read more...
Recent Developments in IP Law
By John C. Gatz
Perspective
By Robert A. Armitage
From the Hill
by Hayden W. Gregory
Meeting of the Minds
By Ceyda A. Maisami and Leslie A. McDonell
I2P Group News
By Samson Helfgott
Download the full issue
By Jonathan H. Blavin
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