The Intellectual Property Strategist

Often the response to a demand letter alleging trademark, copyright or patent infringement is the filing of a lawsuit by the alleged infringer for declaratory judgment of non-infringement. This article offers practical advice on language that can be included in a demand letter that may avoid giving rise to DJ jurisdiction. The article also discusses Federal Circuit precedent that creates a different standard in patent infringement actions.

This article discusses some common IP settlement terms that may give rise to antitrust liability.

Intellectual property and advertising issues have emerged in the forefront of social media law. This article provides a brief look at 10 of these issues.

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Highlights of the latest intellectual property news from around the country.

Since Jan. 1, 2010, over 130 cases have been filed that accuse defendants of false patent marking. This recent tidal wave of false marking litigation contrasts with the relative calm of the past in which only approximately 40 false patent marking cases total were filed from 2000'2009. What caused the underwater earthquake? The decision of the Court of Appeals for the Federal Circuit in <i>Forest Group, Inc. v. Bon Tool Co.</i>

Features

In Association for Molecular Pathology v. USPTO, the United States District Court for the Southern District of New York invalidated patents related to isolated BRCA1 and BRCA2 breast and ovarian cancer susceptibility genes. The surprising aspect of the decision was the reason for invalidity ' the district court held that the isolated genes did not constitute patentable subject matter under 35 U.S.C. ' 101.

The year 2013 will mark the first year that authors can take advantage of the Copyright Act's ' 203 termination provision, likely setting off a flood of termination notices by artists seeking to regain rights previously granted to record labels, book publishers, advertising agencies, and other content owners. This newly effective right, particularly when combined with the increasing number of works subject to termination under the Act, will soon bring to the legal forefront the complex and until now largely ignored termination provisions of the Copyright Act.