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IP News
November 02, 2012
Highlights of the latest intellectual property news from around the country.
Policing Trademark Rights and the Problem Posed By Bullying
November 02, 2012
Overly aggressive enforcement of trademark rights by high-profile brand owners can lead to consumer backlash when such enforcement is perceived as "trademark bullying" of the "little guy." Such enforcement efforts have grown increasingly hazardous during the era of Internet blogging and social networking.
Seventh Circuit Protects Trademark Licensees in Bankruptcy Court
November 02, 2012
The Seventh Circuit has now adopted the conflicting view that ' 365(n) of the Bankruptcy Code does not affect trademark licenses in one way or another and that <i>Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc.</i> was incorrectly decided.
Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are
November 02, 2012
In a closely followed case involving the patentability of DNA sequences of the BRCA1 and BRCA2 genes, which account for most forms of inherited breast and ovarian cancer, the Federal Circuit largely followed its prior 2011 ruling and again held that isolated DNA sequences are patent-eligible subject matter.
November Issue Delayed
October 31, 2012
Dear Readers:<p>Due to the power outage caused by Hurricane Sandy, publication of <i>The Intellectual Property Strategist</i> was delayed. LJN regrets any inconvenience this may have caused.
October issue in PDF format
September 27, 2012
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IP News
September 27, 2012
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
September 27, 2012
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.
Infringement Without a Direct Infringer
September 27, 2012
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).
The Second Circuit Speaks on Color Marks and the Aesthetic Functionality Doctrine
September 27, 2012
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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