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Features

The Voice of the Client: Client Audits

Bruce D. Heintz & Gary R. Garrett

Client Audits have proven to be a valuable tool in support of a law firm's strategic plan and related client relationship expansion efforts.

Features

IP News

Howard J. Shire & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings

Stan Soocher

How federal copyright law may affect state common law copyrights in sound recordings has long been a priority concern for record labels. Two courts recently rendered decisions on this issue.

Features

Media & Communications: Become the Newsroom

Steven Andersen & Nicholas Gaffney

Firms and lawyers have the opportunity to drive and shape editorial content as never before. But few of them fully understand the opportunity, or possess the necessary internal capacity to produce high-quality editorial content.

Features

Bit Parts

Stan Soocher

Alleging "Online" Distribution Not Enough to Establish Simultaneous International "Publication" <br>Expert Report on Value of "Bogart" Ruled Reliable

Mergers, Acquisitions and Licensing on Rise for Content Companies in China

Stan Soocher

This second installment of a two-part article continues coverage of Chinese/U.S. film developments, and discusses concerns in the Chinese online industry as well as the increasing presence of U.S. intellectual property and entertainment law firms in China.

Infringement Without a Direct Infringer

John Cone, Megan O'Laughlin & John Tower

An <i>en banc panel</i> of the Court of Appeals for the Federal Circuit convened to consider the question of joint or divided infringement of method claims. The court decided, in a <i>per curiam</i> opinion adopted by six of the 11 panel judges, that there could be liability under 35 U.S.C. &sect; 271(b) for inducing infringement of a method patent, provided all the steps of the method were performed, even if they were not performed by a single actor who was liable for direct infringement under &sect; 271(a).

Features

Marilyn Monroe's Right of Publicity Not Descendible

Amanda Bronstad

The U.S. Court of Appeals for the Ninth Circuit ruled that the heirs to Marilyn Monroe's estate did not inherit the rights to her publicity because she was a resident of New York, where such rights are not recognized posthumously.

Features

Antitrust Unlikely to Restrict Today's 'Runs,' 'Clearances' in Film Distribution

Bruce H. Schneider

In the years since the Paramount/Loew's decree was issued, antitrust law has evolved, giving greater flexibility to manufacturers and distributors in granting territorial or customer exclusivity.

The Second Circuit Speaks on Color Marks and the Aesthetic Functionality Doctrine

Samantha L. Hayes

It is not often when fashion and style blogs cover federal court decisions, but the fashion world currently is abuzz with the Second Circuit's recently issued decision in <i>Christian Louboutin S.A. v. Yves Saint Laurent America Holdings, Inc.</i>

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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