Vol. 4 No. 4 March/April. 2012:
Culpable Mental States in Intellectual Property Cases

LandslideBy David G. Barker

After Therasense, negligence is no longer sufficient to prove the intent required for patent inequitable conduct. Decided a week after Therasense, the Supreme Court similarly held in Global Tech that negligence and recklessness cannot prove the intent required for induced patent infringement. These cases show an emerging uniformity in the Supreme Court and the Federal Circuit toward requiring common law-like proof of the culpable mental state implicated in a cause of action.

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The following articles from Vol.4 No.4 March/April. 2012 are available to Section members. mo

An Interview with Register of Copyrights Maria A. Pallante
By Judith Saffer

Maria Pallante was appointed the 12th Register of Copyrights on June 1, 2011.In this interview, she discusses the challenges she faces as Register, as well asher priorities. She also shares her views on the Copyright Office’s impact oninternational and bilateral trade negotiations and addresses criticisms aimed atthe U.S. copyright regime. read more...

How to Avoid the New Post-Acquisition Hobby of an IP Ownership Hairball
By Kate Spelman

Pivotal to any successful corporate acquisition is an accurate understanding of thetrue value and risks associated with a specific intellectual property portfolio. Thisarticle is intended to be a guide and a checklist for those who wish to be proactivein their handling of the intellectual property issues of an acquisition. read more...

Significant Advances toward a Unitary European Patent
By Christian K. Heine

Since 2010, most member states of the European Union participate in an enhancedcooperation to achieve a unitary patent in most of the member states. With thisunitary patent, the translation issues that blocked advances toward a unitary patentin Europe will be overcome. After a transitional period in which a unitary patenthas to be translated into a language other than the language of the proceedings,translations will be necessary only in cases of enforcement. The European Commissionexpects the first unitary patents to be granted in 2013. read more...

Navigating between Scylla and Charybdis
By James P. O’Hara and Robin R. Anderson

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...

Exploration of Common Law Fraud in Scientific Discovery: The Case of James Watson, Francis Crick, and Rosalind Franklin
By Theresa Esquerra

In 1953, James Watson and Francis Crick proposed their now famous double helix model of DNA, making it appear as though they pulled a rabbit out of a hat. Over the years, the truth has slowly emerged about how the discovery was actually made. More is now known about Rosalind Franklin, whose unpublished experimental data provided the foundational information needed to solve the structure. Franklin died a few years after the discovery never knowing the extent to which her work had been used. WhetherFranklin might have had a colorable claim for fraud against Watson and Crick had she lived and learned of their use of her experimental data is examined. read more...

The Ethics of Working with the I.P., P.I.
By Brian S. Faughnan

Lawyers are often engaged in the art of investigation. Their ability to seek out and acquire information, or to shield and protect it, is constrained by what is illegaland also by the rules of ethics that govern the legal profession. Given that ethics rules stress honesty, trustworthiness, and candor, do they leave any room for lawyers to be involved in the use of deceptive investigative tactics, including certain types of pretextingactivity? read more...

An Interview with Deborah Cohn, Commissioner for Trademarks
By Cheryl L. Black and Patricia S. Smart

As Commissioner for Trademarks, Deborah Cohn demonstrates tremendous insight and leadership. She pioneered the USPTO’s telework program and played an integral role in the Department of Commerce’s study and report on the impact of trademark owners’ litigation tactics. In this interview, she comments on current and future agency initiatives. read more...

Recent Developments in IP Law
By John C. Gatz

By Robert A. Armitage

From the Hill
by Hayden W. Gregory

Meeting of the Minds
By Cheryl L. Black and Sharra S. Brockman

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