The Unitary Patent and Unified Patent Court in a Nutshell
January 31, 2013
On Dec. 11, 2012, European Union Ministers in charge of competitiveness issues endorsed a legal package to create a Unitary Patent, which provides uniform legal protection in 25 European countries. On the same day, the Members of the European Parliament approved the European Union patent package including a Unitary Patent and Unified Patent Court.
Sunbeam Eclipsed
January 29, 2013
A recent decision of the Seventh Circuit, <i>Sunbeam Prods. v. Chi. Am. Mfg., LLC</i>, has been viewed by many, including the authors of this article, as signaling a potential trend in favor of non-debtor licensees of intellectual property.
IP News
December 21, 2012
Highlights of the latest intellectual property news from around the country.
'Buckyballs' Lawsuit May Limit Use of Celebrity Name
December 21, 2012
Advertisers and marketers should watch <i>The Estate of Buckminster Fuller v. Maxfield & Oberton Holdings, LLC</i> closely to see what limits may exist on their use of a name that has ties to a celebrity as well as a separate object.
Return of the Undead: Golan v. Holder and the Public Domain
December 21, 2012
A recurring issue in intellectual property law is the possibility of establishing rights in subject matter from the public domain and drawing the boundaries between what is public and private. The issue arose in one guise in <i>Golan v. Holder</i>, 132 S.Ct. 873 (2012), which upheld the constitutionality of the Uruguay Round Agreements Act (or, informally, Copyright Restoration Act), granting U.S. copyright protection to certain works that had passed into the public domain in the United States, but which were still protected in their country of origin.
Preissuance Submission Strategies for Patent Prosecution and Litigation
December 21, 2012
Under the Leahy-Smith America Invents Act, several new mechanisms allow third parties to challenge patent applications and patents. Among these is a new preissuance submission procedure by which members of the general public may submit prior art believed to be relevant to a pending patent application.
IP News
November 29, 2012
Highlights of the latest intellectual property news from around the country.
