Export Controls for Technologies Described in U.S. Invention Disclosures
August 28, 2008
Last month, we published an article discussing the patent application foreign filing license requirements for various countries, including the United States. As the issue went to press, the Director of the U.S. Patent and Trademark Office ("USPTO") issued a Federal Register Notice warning patent applicants that the exportation of information relating to technologies developed in the United States to foreign countries for purposes of preparing patent applications to be filed in the United States is subject to clearance review by the Bureau of Industry and Security ("BIS") of the U.S. Department of Commerce. Here is the update.
Net News
August 28, 2008
FCC Orders Comcast to Cease Blocking Large Files<br>The Inexact Science Behind DMCA Takedown Notices
Can MySpace Suits Can the Spam?
August 28, 2008
Social-networking sites such as MySpace and Facebook are dropping the legal hammer on spammers. The question is: Can they really nail the elusive disturbers of Internet peace?
Social Networking May Pay Off in the End
August 28, 2008
For all their hype, social-networking Web sites are just glorified directories ' the 21st-Century version of the phone book or the legal directory. But unlike their forebearers, these directories give you far more control, helping you tailor your listing and manage your network in ways no traditional directory ever could. Some people question the value of professional networking sites, given that a critical mass has yet to join them. But to my mind, avoiding social networking until it becomes widespread makes no more sense than waiting to launch a blog until everyone else has one. Would you rather lead the pack or trail behind it?
Keeping Up with Online Brand and Other Related Scams and Frauds
August 28, 2008
There can be little doubt in today's world that the Internet offers new ways to do old things. We can now work more efficiently, conduct financial business, enjoy recreational reading, socialize and perform a host of other tasks ' all online. Yet, this same Internet has provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users.
Case Briefs
August 28, 2008
Recent rulings of importance to your practice.
e-Commerce Docket Sheet
August 28, 2008
Online Promo Music Resales Fall under First Sale Doctrine<br>Unadorned Digital Car Models in Web Ads Not 'Real' For Copyright<br>Reseller Who Bought Ads with Trademark Not under First Sale Doctrine<br>Subpoena Seeking ISP Subscriber Billing Data Deemed Overbroad
e-Commerce Slows Again
August 28, 2008
For this year's second quarter, preliminary estimated e-commerce spending was 3.3% of total estimated retail spending of $1.034 trillion. In a likely reflection of a recently slowing economy, that percentage of e-commerce of all sales was the same for the third consecutive quarter ' something that's happened only once, in 2001, when the percentage of e-commerce sales was 1.1% for the first through third quarters.
Matching Bad Faith Doctrine and Damages
August 28, 2008
Failure to follow the purpose and logic of precedent risks irrational outcomes and unjust results. These risks are apparent in recent efforts to apply a "future benefits" rule in cases alleging bad faith by commercial insurers.
