Vol. 3 No. 5 May/June. 2011:
Digital Book Distribution

LandslideDigital Book Distribution:
The End of the First-Sale Doctrine?

By Joseph Gratz

The increasing sales of eBooks raises the question of whether eBooks can be sold or transferred by consumers to others as can be done with copies of physical books. Copyright laws may need to be updated to include a digital first-sale rule that will protect the rights of both consumers and copyright holders.

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The following articles from Vol.3 No.5 May/June. 2011
are available to Section members.

Inexhaustible: Patents on Self-Replicating Technologies
By Yee Wah Chin

The patent exhaustion doctrine provides that the rights of a patent holder are exhausted when an authorized sale of the patented product occurs. But what happens in the case of self-replicating technology? Does the patent holder continue to have rights in the second generation product replicated from the patented object? read more...

Figuring the Fine For False Patent Marking: How Should a Court Determine the Amount?
By Sid Leach and Sean J. O’Hara

Recent case law has redefined what constitutes an offense under the False Marking Act in a manner that potentially subjects defendants to excessive liability. The Act provides a maximum fine that can be imposed for each offense, but leaves courts with little guidance in determining the fines. The authors suggest factors that courts can consider in determining such fines. read more...

Covering Your Tracks: Will There Be Insurance Coverage for False Marking Claims?
By Michael F. Aylward

The number of claims filed under the false marking statute have risen steadily over the past few years, spurring defendants to seek insurance coverage for alleged liabilities. Because specialty insurance policies are not yet widespread, the majority of claims are presented under Commercial General Liability policies but are not likely to prevail due to exclusions and limitations that inure to the detriment of the defendant. read more...

The Next Big Thing in Monetizing IP: A Natural Progression to Exchange-Traded Units
By Ian D. McClure and James E. Malackowski

The monetization of intellectual property and realization of monetary gain has evolved slowly since the original Patent Act of 1790. The author discusses the most recent developments in monetizing intellectual property and the progression toward an exchange-traded model. read more...

An Update on the Scope of Patentable Subject Matter in Canada
By Steven B. Garland, Colin B. Ingram, and John R. Morrissey

The Federal Court of Canada recently held that “business methods” are patentable in Canada, despite the restrictive approach that the Canadian courts and Patent Office have historically taken with respect to patentable subject matter. The article provides an overview of the path taken by the Amazon.com application that led to the court’s decision. read more...

Licensing: Choice of Law and Venue
By Steven L. Oberholtzer and Joshua E. Ney

Choice of law and venue provisions in intellectual property agreements are rarely afforded the attention they deserve. The failure to properly consider choice of law and venue can adversely affect your client’s rights under a contract and subject the client to costly expenses for litigating a case in an inconvenient location. The authors illustrate their points through a hypothetical scenario. read more...

Business of Domain Names Remains Brisk
By Eric Macramalla

Current figures indicate that there are approximately 200 million registered domain names and an explosion of domain name registrations is on the horizon with the likely release of new generic extensions. As a natural result, the buying, selling, and monetizing of domain names will become a lucrative business. read more...

Letter to the Editor

I2P Group News
By Samson Helfgott

Recent Developments in IP Law
By John C. Gatz

From the Hill
by Hayden W. Gregory

Meeting of the Minds
By Blake A. tankersley and Allison M. Tulino

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