IP News
Highlights of the latest intellectual property news from around the country.
Divided and Conquered? The Precarious Standing of Patent Licensees
This article discusses three recent Federal Circuit rulings that have set important new guidelines for which kinds of licensees will have independent standing to sue infringers, which will be compelled to join their patentees, and which will be left out in the cold.
Pleading Standards in Patent Litigation After Bell Atlantic Corp. v. Twombly
<i>Bell Atlantic Corp. v. Twombly</i>, a recent Supreme Court decision which addressed the sufficiency of pleadings for a claim under Section 1 of the Sherman Act, has prompted defendants in a wide variety of actions, including patent cases, to file motions urging district courts to apply the 'new' Twombly pleading standard to dismiss the actions against them.
IP News
Highlights of the latest intellectual property news from around the country.
Survey Power
Courts and lawyers should pay particular attention to survey findings such as there is 'no likelihood of confusion,' 'there is no likelihood of dilution,' and ensure that the power of the test is high to rely on such conclusions. Anytime a commissioned survey indicates 'no effect,' in addition to issues such as question clarity, randomness of the sample, and other methodological issues, there is the additional critical issue of statistical power.
Version 3 of the GNU General Public License: Major Changes for Open Source Software Licensing
This article discusses the main changes to new version of the GNU General Public License, GPLv3. The new version is the result of extensive public comment and heated debate, and could have far-reaching effects on the use of open source software. GPLv3 is the successor to GPL version 2 (GPLv2), first published in 1991, used extensively today, and among the most popular open source licenses available.
Challenges to Stem Cell Patents in Europe and the U.S.
New methods of stem cell research, such as the recent conversion of skin cells into stem cells, may escape ethical barriers that currently exist in European patent law. In addition to their potential ability to sidestep the ethical barriers to patenting stem cells, these new research approaches can open new scope for researchers to perform stem cell research in the United States.
Successful Wind-Down and Exit Management
Professionals are often asked to assist in the wind-down and liquidation of a company by the company's legal counsel. The requesting attorney, who may have a history with the company, knows the company is in trouble and may even expect a bankruptcy filing will come relatively soon. This in-depth article describes how to hire a wind-down specialist and what to expect.
