2010-08-05T00:00:00-07:00 http://www.fenwickwest.com/rss/Default.asp http://www.fenwick.com/docstore/Publications/IP/IP_Bulletins/IP_Bulletin_Summer_2010.pdf 2010-08-05T00:00:00-07:00 2010-08-05T00:00:00-07:00

A unanimous decision is not always what it seems. On June 28, the U.S. Supreme Court upheld without dissent the U.S. Court of Appeals for the Federal Circuit’s ruling that a patent application for hedging against price changes was not patentable.

http://www.fenwick.com/docstore/Publications/IP/Advanced_Copyright_2010.pdf 2010-05-14T00:00:00-07:00 2010-05-14T00:00:00-07:00

During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2010.pdf 2010-04-23T00:00:00-07:00 2010-04-23T00:00:00-07:00

In the opening weeks of 2010, Parliament in London took up a bill to consider whether company directors might be held personally liable in certain areas implicating health and safety of workers.

http://www.fenwick.com/docstore/Publications/IP/2010-03-17_Facing_Off_Facebook.pdf 2010-03-17T00:00:00-07:00 2010-03-17T00:00:00-07:00

The increasing prevalence and popularity of social networking and similar sites raise new issues for brand owners and celebrities.

http://www.fenwick.com/docstore/Publications/IP/2010-03-17_Is_There_A_Second_Life.pdf 2010-03-17T00:00:00-07:00 2010-03-17T00:00:00-07:00

Recent years have seen the development of online communities through which massive numbers of users can interact with each other and with the environment itself in ways that increasingly approach real-world interactions.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_09-10.pdf 2009-12-24T00:00:00-07:00 2009-12-24T00:00:00-07:00

Recent years have seen the development of online communities through which massive numbers of users can interact with each other and with the environment itself in ways that increasingly approach real-world interactions.

http://www.fenwick.com/docstore/Publications/IP/Patent_Pools.pdf 2009-12-03T00:00:00-07:00 2009-12-03T00:00:00-07:00

A patent pool is defined as an arrangement among multiple patent holders to aggregate their patents where all pooled patents are made available to each member of the pool, and standard licensing terms are offered to licensees who are not members of the pool.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2009.pdf 2009-10-06T00:00:00-07:00 2009-10-06T00:00:00-07:00

A recent ruling in a highly publicized case in the United States District Court for the Central District of California rejected an aggressive legal theory that could have led to broad criminalization of the breach of terms conditioning access to websites and other computerized information.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2009.pdf 2009-07-07T00:00:00-07:00 2009-07-07T00:00:00-07:00

The Patent Prosecution Highway (PPH) began in July 2006 as a pilot, one-year cooperative agreement between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO).

http://www.fenwick.com/docstore/Publications/IP/Patent_Licensing.pdf 2009-06-04T00:00:00-07:00 2009-06-04T00:00:00-07:00

Virtually all technology companies rely on licenses to achieve their business goals.

http://www.fenwick.com/docstore/Publications/IP/Transfer_IP_Rights.pdf 2009-05-15T00:00:00-07:00 2009-05-15T00:00:00-07:00

We Americans take for granted the fact that intellectual property rights can be transferred from one person to another. A small "garage" inventor can sell patent rights to a manufacturing company. Two sparring competitors can settle their disputes by a cross-license of rights. Franchises can be built by licensing out trade secrets to local operators....

http://www.fenwick.com/docstore/Publications/IP/Top_Ten_Patent_Issues.pdf 2009-05-15T00:00:00-07:00 2009-05-15T00:00:00-07:00

Imminently, the Obama Administration will be naming a new Director of the U.S. Patent and Trademark Office ("PTO"). The PTO, which used to be a quiet backwater of a niche area of law, has recently found itself front and center in some high profile debates. From congressional efforts aimed at fixing a "broken" patent system to Supreme Court cases considering whether Internet Age innovations deserve the same patent protection as Industrial Age innovations, the work of the PTO is increasingly important to our society.....

http://www.fenwick.com/docstore/Publications/Cleantech/CTA_05-06-09.pdf 2009-05-06T00:00:00-07:00 2009-05-06T00:00:00-07:00

On April 27, 2009, the Department of Energy announced the availability of up to $150 million of funding for research and development on transformational energy-related technologies.

http://www.fenwick.com/docstore/Publications/Cleantech/Protecting_Innovation_Cleantech.pdf 2009-04-15T00:00:00-07:00 2009-04-15T00:00:00-07:00

In recent years, the private sector's efforts to develop responses to environmental challenges have focused strongly on technological solutions. For many businesses in this field, patent protection for innovative technology is a key element of their business strategies.

http://www.fenwick.com/docstore/Publications/Cleantech/American_Recovery_Reinvestmen_Act_CT_040309.pdf 2009-04-03T00:00:00-07:00 2009-04-03T00:00:00-07:00

The American Recovery and Reinvestment Act of 2009 represents the largest government stimulus package in U.S. history. As has been widely reported, President Obama has made the development and adoption of clean technologies a core goal of his policy initiatives.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2009.pdf 2009-03-20T00:00:00-07:00 2009-03-20T00:00:00-07:00

A bipartisan quartet of senators and representatives held a press conference on March 3, 2009 announcing yet another push at patent law reform. Hearings commenced the following week...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2008.pdf 2008-10-17T00:00:00-07:00 2008-10-17T00:00:00-07:00

In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...

http://www.fenwick.com/docstore/Publications/Litigation/Think_You_Are_A_Co-Owner_Of_A_Copyright_06-16-08.pdf 2008-06-18T00:00:00-07:00 2008-06-18T00:00:00-07:00

Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008)...

http://www.fenwick.com/docstore/Publications/Litigation/Client_Alert_08-14-07.pdf 2007-08-14T00:00:00-07:00 2007-08-14T00:00:00-07:00

On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-11-06.pdf 2006-07-11T00:00:00-07:00 2006-07-11T00:00:00-07:00

On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion.

http://www.fenwick.com/docstore/Publications/IP/Patent_Rights.pdf 2006-04-24T00:00:00-07:00 2006-04-24T00:00:00-07:00

A patent gives its owner the right to exclude others from making, using, and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his invention.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_04-21-06.pdf 2006-04-21T00:00:00-07:00 2006-04-21T00:00:00-07:00

On April 5, 2006, the District Court for the Eastern District of California ruled in the case of Meridian Project Systems, Inc. v. Hardin Construction Co., L.L.C., Civ.04-2728, that an End User License Agreement ("EULA") contained within software packaging may be an enforceable "shrinkwrap" agreement.

http://www.fenwick.com/docstore/Publications/LifeSciences/Biotech_Pharma.pdf 2006-04-05T00:00:00-07:00 2006-04-05T00:00:00-07:00

A number of strategic reasons exist for partnering among life sciences companies.

http://www.fenwick.com/docstore/Publications/Litigation/Privacy_0306_LJN.pdf 2006-03-29T00:00:00-07:00 2006-03-29T00:00:00-07:00

When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_0506.pdf 2006-03-21T00:00:00-07:00 2006-03-21T00:00:00-07:00

In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-27-06.pdf 2006-01-27T00:00:00-07:00 2006-01-27T00:00:00-07:00

On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.

http://www.fenwick.com/docstore/Publications/IP/university_licensing.pdf 2006-01-03T00:00:00-07:00 2006-01-03T00:00:00-07:00

What do Yamaha synthesizers, gene splicing and DSL have in common? They are all based on technology licensed from universities. As these examples show, universities often develop and license new cutting edge technologies.

http://www.fenwick.com/docstore/Publications/IP/follow-on.pdf 2005-11-11T00:00:00-07:00 2005-11-11T00:00:00-07:00

Many biologics, including blockbusters like Epogen/Procrit, are nearing patent expiration, and generics manufacturers, including Sicor (acquired by Teva), Barr Laboratories, and Ivax Corporation, are hoping to market generic biologics.

http://www.fenwick.com/docstore/Publications/IP/Authorized_Generics.pdf 2005-11-03T00:00:00-07:00 2005-11-03T00:00:00-07:00

An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name.

http://www.fenwick.com/docstore/Publications/IP/Deal_Points_10-11-05.pdf 2005-10-11T00:00:00-07:00 2005-10-11T00:00:00-07:00

Often pitted against robust publishing companies, independent video game development studios face many challenges when entering into negotiations for video game development and publishing deals.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Software_Escrows.pdf 2005-02-15T00:00:00-07:00 2005-02-15T00:00:00-07:00

For many companies, a key aspect of a comprehensive intellectual property strategy is to identify and enforce mechanisms to protect their investment in software purchased from software developers.

http://www.fenwick.com/docstore/Publications/Corporate/Outsourcing.pdf 2004-11-29T00:00:00-07:00 2004-11-29T00:00:00-07:00

Business in the U.S. continue to shift a portion of their development, support and other operations offshore to countries, such as India or China, that offer a lower cost structure and a qualified labor pool.

http://www.fenwick.com/docstore/Publications/Corporate/IP_Strategy_&_Practices.pdf 2004-11-18T00:00:00-07:00 2004-11-18T00:00:00-07:00

This paper is based on a presentation made at the Asia America Multitechnology Association ("AAMA") Conference on October 8, 2004.

http://www.fenwick.com/docstore/Publications/Corporate/Top_10.pdf 2004-06-30T00:00:00-07:00 2004-06-30T00:00:00-07:00

Because the law interpreting the enforceability of online agreements continues to evolve, companies that want to create binding agreements with their online customers still face significant challenges.

http://www.fenwick.com/docstore/Publications/Corporate/Outsourcing_Alternatives.pdf 2004-02-29T00:00:00-07:00 2004-02-29T00:00:00-07:00

As more and more businesses are offshoring their non-core and, increasingly, core activities, the debate continues regarding the best working model for offshoring.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Outsourcing_Offshore.pdf 2004-02-26T00:00:00-07:00 2004-02-26T00:00:00-07:00

Outsourcing particular business functions is not something new.

http://www.fenwick.com/docstore/355/Outsourcing_Agreement.pdf 2003-10-06T00:00:00-07:00 2003-10-06T00:00:00-07:00

In recent years, many companies have begun to outsource information systems operations to third party vendors. The outsourcing services may be based on one of two broad types of models.

http://www.fenwick.com/docstore/Publications/Corporate/Key_Service_Agreement.pdf 2002-10-21T00:00:00-07:00 2002-10-21T00:00:00-07:00

Outsourcing of technology-related services continues to grow.

http://www.fenwick.com/docstore/Publications/Corporate/Corporate_Partnering.pdf 2000-08-01T00:00:00-07:00 2000-08-01T00:00:00-07:00

Corporate partnering and "strategic alliances" are terms used to describe a symbiotic long-term relationship.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/98_Trends_in_Software_Lice.pdf 1998-06-04T00:00:00-07:00 1998-06-04T00:00:00-07:00

Today's client/server computing environment is evolving toward a more global enterprise-wide distributed computing environment in which the Internet is an integral element.

http://www.fenwick.com/docstore/Publications/IP/Technology_Licensing.pdf 1998-01-01T00:00:00-07:00 1998-01-01T00:00:00-07:00

This Guide covers most typical transactions involving technology and high technology and online products and services.