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IP News

Jeffrey S. Ginsberg & Joseph Mercadante

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

Features

Joint Infringement Liability After Golden Hour Data Sys. v. emsCharts, Inc. Image

Joint Infringement Liability After Golden Hour Data Sys. v. emsCharts, Inc.

Heather R. Bobkova

The Federal Circuit recently revisited the issue of joint infringement in <i>Golden Hour Data Sys. v. emsCharts, Inc.</i> The court's decision in that case illustrates one way in which vicarious liability may not close the loophole for liability avoidance through the use of multiple actors. Further, the decision shows that claim drafting alone does not end the joint infringement problem for patentees.

Stauffer v. Brooks Brothers Image

Stauffer v. Brooks Brothers

Guinevere Jobson

On Aug. 31, 2010, the Federal Circuit rejected a procedural attempt to stem the recent flood of "false patent marking" lawsuits and provided guidance on the standing requirements for pursuing false marking claims under 35 U.S.C. &sect; 292.

Features

Copyright Lessons from the Fourth Circuit Image

Copyright Lessons from the Fourth Circuit

William M. Bryner & Kristin G. Garris

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a judgment in excess of $11 million entered against a furniture manufacturer found liable for copyright infringement. Although the Fourth Circuit's judgment has not yet become final, unless it is reversed or overruled this opinion establishes, for the first time in that Circuit, certain significant principles of copyright law.

December issue in PDF format Image

December issue in PDF format

ALM Staff & Law Journal Newsletters

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A Failure to Assume Image

A Failure to Assume

Bruce Buechler

In most Chapter 11 cases, the debtor (or trustee if one is appointed), either prior to or in connection with plan confirmation, will move to assume or reject its executory contracts, unexpired leases, or both (collectively "Executory Contracts") pursuant to ' 365 of the Bankruptcy Code. This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an Executory Contract under ' 365 prior to plan confirmation.

What's New in the Law Image

What's New in the Law

Robert W. Ihne

Highlights of the latest developments in equipment leasing law.

Features

FAA Updates Its Procedures for Registration of Aircraft Image

FAA Updates Its Procedures for Registration of Aircraft

ALM Staff & Law Journal Newsletters

This article discusses a new FAA rule designed to improve the accuracy of aircraft registration records, and its effect on aircraft financiers.

December issue in PDF format Image

December issue in PDF format

ALM Staff & Law Journal Newsletters

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Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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