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IP News

Howard J. Shire & Wyatt Delfino

Supreme Court Overturns Burden-Shift in Non-Infringement Judgment <br>Federal Circuit Clarifies Rules for Patent Term Extension<br>Federal Circuit Confirms That All Members of a Priority Chain Must Recite Full Lineage

Features

A Victory for Forum-Selection Clauses Image

A Victory for Forum-Selection Clauses

Lewis J. Cohn & John T. Precobb

A recent Supreme Court decision overturns both the United States District Court for the District of Western Texas and the U.S. Court of Appeals for the Fifth Circuit.

Columns & Departments

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The Leasing Hotline

ALM Staff & Law Journal Newsletters

Analysis of a key case.

Features

<i>Soul Men</i> Ruling Shows Shift To Transformative Use Test Image

<i>Soul Men</i> Ruling Shows Shift To Transformative Use Test

Keola R. Whittaker

Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.

Features

Is the Internet a Safer Place for Content Owners? Image

Is the Internet a Safer Place for Content Owners?

Alan R. Friedman

Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.

Features

Tensions Between Authors' Contracts for Book Publishing and Film Production Rights Image

Tensions Between Authors' Contracts for Book Publishing and Film Production Rights

Michael I. Rudell & Neil J. Rosini

The agreements authors make with companies that publish their books ' and with the production companies that make films based on those books ' have changed significantly over the past several years. Due in part to the kind of films currently being produced and to available new technologies (particularly for books), these changes have introduced conflicting overlaps between the two types of contracts.

Features

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Global Corruption Enforcement

Kirk Ogrosky & Jeffrey Hessekiel

For multinational corporations, reducing the risks and concomitant expenses associated with corrupt employee behavior must be a priority. This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.

Features

Federal Circuit Limits ITC's Indirect Patent Infringement Authority Image

Federal Circuit Limits ITC's Indirect Patent Infringement Authority

Darryl Woo, Bryan Kohm & Ravi Ranganath

On Dec. 13, 2013, the United States Court of Appeals for the Federal Circuit issued a landmark decision limiting the statutory authority of the International Trade Commission (ITC) to remedy indirect infringement, holding "that an exclusion order based on a violation of 19 U.S.C. '1337(a)(1)(B)(i) may not be predicated on a theory of induced infringement under 35 U.S.C. '271(b) where direct infringement does not occur until after importation of the articles the exclusion order would bar."

Features

Supreme Court Rejects Review of 'Shopping Cart' Patents Image

Supreme Court Rejects Review of 'Shopping Cart' Patents

Lisa Shuchman

Soverain Software, the e-commerce company whose $2.5 million jury win for infringement of its "shopping cart" patents was reversed by the U.S. Court of Appeals for the Federal Circuit, failed to convince the U.S. Supreme Court to take its appeal.

Features

Decoding Encrypted Documents in Cross-Border e-Discovery Image

Decoding Encrypted Documents in Cross-Border e-Discovery

Robert Wickstrom

Organizations should develop a strategy to determine whether encryption will be an issue as early as possible in a case. It is also important at the outset to develop a process for handling these very complicated document sets when time is of the essence and when local privacy laws must be considered.

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