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When considering a broadening reissue application, patent owners often confront a recurring issue: Can a limitation added or argued during prosecution of an original patent to gain allowance over prior art later be broadened during reissue? Recent developments in case law at the Federal Circuit Court of Appeals and U.S. Patent and Trademark Office ("USPTO") suggest a way to permissibly broaden such limitations through reissue and still avoid recapture. We call it reclaiming the ring.
Some recent estimates suggest that by 2007 brand name pharmaceutical companies will lose more than $80 billion in drug sales because of patent term expirations. Patent term expirations, of course, usher the entry of generic drugs into the marketplace. On average, the market share for branded products decreases by 15% to 30% when a first generic version reaches the market, and as much as 75% to 90% when subsequent generics launch. Such significant losses provide incentive to extend patent life and maximize the period of market exclusivity for a patented drug.
Your client International Marketers, Inc. (IMI) owns U.S. and foreign patents for an improved football. IMI wants to license the patent and make direct sales of identical balls around the world, while making its own sales to the U.S. market. However, IMI knows that the price consumers will pay for its football is much higher in the United States than elsewhere. IMI is concerned that footballs sold by it and its licensees to distributors outside the United States might be purchased by third parties and imported back into the United States at a price below what it hopes to charge distributors in the United States.
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Features
Attorney-Client Privilege<br>Personal Jurisdiction Over Lawyers
The U.S. District Court for the Northern District of Illinois ruled that a defendant who engaged in the unauthorized downloading of sound recordings from the Internet didn't have a viable fair-use defense.
Features
The digital age and widespread, unauthorized Internet downloading have raised doubts about the strength of copyright protection. But the durability of entertainment content has nevertheless kept renewal interests in copyrights alive. It is often the children and spouses of deceased artists who are involved in fights over the economic promise of these copyright renewals. <br>Primary issues in cases claiming renewal-interest rights include the limitations period for filing a claim and how the renewal interests should be divided among an artist's heirs. Two recent cases demonstrate how these claims play out.
Forty years ago, it was next to impossible to tape or film a stage production on Broadway or Off-Broadway in New York City. The various unions hadn't crystallized their demands, but for the most part, they didn't want to see it done. The feeling was that any taping of a play would shorten the run.<br>But it was inevitable that arrangements would be made so that stage productions could be taped and filmed for archival purposes, for teaching purposes and for commercial presentations in other media. It was also inevitable that there would be a price to pay for this.