Intellectual Property

The Troll Speaks

July 15, 2013

Is he sticking up for the little guy or muscling a settlement where there is no case? A New York […]

Is “Happy Birthday” Under Copyright?

July 5, 2013

Music publisher Warner Chappel says that it acquired the rights to “Happy Birthday to You” in a 1998 purchase, and […]

Induced Infringement Now Harder to Prove

July 3, 2013

An induced-infringement claim may arise, for example, when a company sells a product  which then gets used to implement a […]

Prince Decision Freed Up “Transformative” Use of Copyrighted Images

July 2, 2013

An attorney who advises clients on fair use explains why she considers the Second Circuit Court of Appeals decision in […]

Next Troll Target: Design Patents

July 2, 2013

The potentially vague “ordinary observer test” and the statutory right to recover the infringer’s total profit make design patents attractive targets.

Largest Chinese Wind Generator Company Charged With IP Theft

June 28, 2013

The New York Times reports the largest wind generator company in China, two of its executives, and a former employee have been indicted for IP theft.

Supreme Court Wants “Rule Of Reason” To Govern Payments To Generics

June 26, 2013

The popular version is “they pay off the generics to keep them out of the market,” and the Supreme Court did not…

It’s True: Patent Litigation is Burgeoning

June 26, 2013

If your impression has been there’s a lot of patent litigation these days, that’s because there is. The 2013 PricewaterhouseCoopers patent litigation study finds that…

Design Patents May Be Next Troll Target

June 24, 2013

Non-practicing entities currently focus on asserting business method or software patents, but soon they may turn to design patents. The […]

Trade Secret Strategy Might Look Better After Myriad Genetics

June 21, 2013

The recent Supreme Court decision disallowing patents on “genes and the information they encode…

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