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IP News
October 28, 2011
Highlights of the latest intellectual property news from around the country.
Bd. of Regents of The Univ. of Wis. v. Phoenix Int'l. Software, Inc.
October 28, 2011
By challenging the Trademark Trial and Appeal Board's decision to cancel its trademark registration for "CONDOR," the state of Wisconsin unintentionally waived its sovereign immunity and opened itself to a suit for trademark infringement by Phoenix International Software, Inc.
Seeing Red: The Reemergence of Aesthetic Functionality
October 28, 2011
Although some will see new threats to trademark owners and the licensing industry and others will see new opportunities, trademark owners using creative designs will surely take notice of two decisions this summer: <i>Fleischer Studios Inc. v. A.V.E.L.A. Inc.</i> and <i>Christian Louboutin SA v Yves Saint Laurent America, Inc.</i>
The Federal Circuit and Patent Eligibility in the Wake of Bilski v. Kappos
October 28, 2011
This article discusses Federal Circuit decisions on patent-eligibility issues following the Supreme Court's <i>Bilski v. Kappos</i> ruling.
Divorce Distribution Of Creative Assets
October 28, 2011
While it may be relatively clear-cut to determine the value of real property, financial accounts and even a professional practice when a Creative Spouse and his or her Supporting Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" the Creative Spouse created during the marriage. This article considers what rights, if any, a Supporting Spouse may have in the value of a Creative Asset.
How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates?
September 28, 2011
Counterfeiting and piracy never go out of style. Approximately one year ago, ICE launched "Operation In Our Sites" (OIOS) in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains.
October issue in PDF format
September 28, 2011
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IP News
September 28, 2011
Highlights of the latest intellectual property news from around the country.
The Domestic Industry Requirement at the ITC
September 28, 2011
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
CyberSource: Machines Executing Processes and the Computer-Readable Medium
September 28, 2011
In <i>CyberSource v. Retail Decisions</i>, a panel of the Federal Circuit affirmed a district court's summary judgment ruling that the asserted patent claims were invalid under 35 U.S.C. &sect; 101, and held that purely mental processes are unpatentable abstract ideas. The court decided that merely limiting an unpatentable mental process to a computer-readable medium for execution on a processor, in a so-called <i>Beauregard</i> claim, did not satisfy &sect; 101.

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