The Treatment of Intellectual Property Under Bankruptcy Law
As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.
IP News
Highlights of the latest intellectual property news from around the country.
PTO's Annual Report Reveals Declining Revenue and Application Numbers, Plus Dip In Backlog
The U.S. Patent and Trademark Office's fiscal year 2009 annual report indicates declining revenue and patent filings. Notably, there was both a dip in the backlog of patent applications and an increase in the time it takes for the agency to issue a patent. Some lawyers believe the former can be attributed in part to applicants abandoning applications because of the economic downturn.
IP Expenses
In-house lawyers can do great good for their companies by deploying IP assets to realize direct monetary return for their companies, but they are under more pressure to reduce expenses because of the inaccurate perception that IP-related expenses do not add to the bottom line, a perception that stems from accounting conventions.
Increased Delays Expected When Filing RCEs
The USPTO recently announced that it would implement internal changes to RCE docketing on Nov. 15, 2009, and will implement internal changes to the examiner count system by early 2010. These changes may significantly delay further examination of an application in which a RCE is filed, and consequently the ultimate issuance of a patent. To mitigate the effects of these changes, patent applicants may need to alter patent prosecution strategies going forward.
<i>Lucent v. Gateway</i>: A Closer Look at Patent Damages
In a move signaling a heightening of evidentiary scrutiny for patent infringement damage calculations, the Court of Appeals for the Federal Circuit, in <i>Lucent Techs. v. Gateway, Inc.</i>, vacated and remanded an almost $358 million award to Lucent based on Microsoft's infringement of U.S. Patent 4,763,356, entitled "Touch screen form entry system.
Restructuring in Canada
This article is an attempt to familiarize American readers with some of the nuances and new amendments you may encounter if you are involved in a Canadian insolvency situation.
IP News
Highlights of the latest intellectual property news from around the country.
Corporate Mergers and the Transferability of Software Licenses
Anti-assignment clauses are typically inserted into license agreements to preclude the introduction of an unwanted third party into the parties' relationship, giving the licensor more control over its valuable property and with whom it ultimately does business. In the context of software licenses, ordinarily a court will apply state law to contractual disputes, but federal law pre-empts state law concerning questions of copyright law or policy, which include the assignability of non-exclusive agreements.
Tweet, Tweet
So is a tweet on the Twitter networking site protected by copyright law? The question is complex and without a definitive answer. The prevailing opinion is no, but with some possible exceptions.
