Corporate Mergers and the Transferability of Software Licenses
November 30, 2009
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
November 30, 2009
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.
<i>In Re BilskiM</i>: Patent Eligibility of Business Methods Under 35 U.S.C. ' 101
November 30, 2009
On Nov. 9, 2009, the Supreme Court heard oral argument in <i>In re Bilski</i> ' a case that will likely impact whether business methods are eligible for patent protection under 35 U.S.C. ' 101. To date, the Supreme Court has held that abstract ideas, natural phenomena, and laws of nature are not patent eligible, but has yet to apply that holding to a business method.
IP News
October 29, 2009
Highlights of the latest intellectual property news from around the country.
Accepting a 2(f) Registration
October 29, 2009
There are many ways that accepting a 2(f) notation can come back and haunt you once litigation has commenced.
Inequitable Conduct
October 29, 2009
Taking a page from the Federal Circuit's own analysis of the issue, we will examine the who, what, when, where (and why) of the decision in <i>Exergen Corporation v. Wal-Mart Stores, Inc.</i>
Is the Federal Circuit Playing with Fire?
October 29, 2009
Less than two months before the Supreme Court is scheduled to review the Federal Circuit's <i>en banc</i> decision in <i>In re Bilski</i> that found Bilski's business method claims unpatentable under 35 U.S.C. § 101, the Federal Circuit held in <i>Prometheus Labs., Inc. v. Mayo Collaborative Servs.</i> (Fed. Cir. 2009) that claims to a diagnostic method are patent-eligible subject matter. The Federal Circuit reversed the district court's decision and held that Prometheus' personalized medicine claims satisfied the machine or transformation test set out in <i>Bilski</i>.
The 'On-Sale' Bar After Pfaff
September 29, 2009
<i>Pfaff v. Wells Elecs., Inc.</i> is widely recognized as a milestone in the annals of patent law for providing direction as to how courts are to analyze and apply the statutory "on-sale" bar to the granting of patents. This article explores how the Federal Circuit has applied <i>Pfaff</i> in more recent cases.
Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine
September 29, 2009
In one of the most closely watched trademark-related appeals in recent memory, <i>In re Bose Corp.</i>, the Federal Circuit overturned the central holding of <i>Medinol Ltd v. NeuroVasx Inc.</i>. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.
