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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. &sect; 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.
October issue in PDF format
September 29, 2009
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IP News
September 29, 2009
Highlights of the latest intellectual property news from around the country.
A Negative Light
September 29, 2009
The Florida Supreme Court recently ruled that false light invasion of privacy is not a valid cause of action in Florida, opting instead for a new claim titled "defamation by implication."

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