2010-09-01T00:00:00-07:00 http://www.fenwickwest.com/rss/Default.asp http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_09-01-10.pdf 2010-09-01T00:00:00-07:00 2010-09-01T00:00:00-07:00

Yesterday, the Federal Circuit rejected a procedural attempt to stem the recent flood of “false patent marking” lawsuits.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_Alert_08-18-10.pdf 2010-08-18T00:00:00-07:00 2010-08-18T00:00:00-07:00

In its second encounter with PSKS, Inc. v. Leegin Creative Leather Products, Inc., the U.S. Court of Appeals for the Fifth Circuit on August 17, 2010 affirmed the dismissal on the pleadings of the plaintiff’s antitrust claims for vertical minimum price fixing

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/07-19-10_Patent_Strategy_for_Personalized_Medicine_Bilski.pdf 2010-07-19T00:00:00-07:00 2010-07-19T00:00:00-07:00

Advanced medical diagnostics, such as those that use information derived from multiple genetic variations or biomarker expression levels, certainly fall within the scope of patentable subject matter, according to the guidance provided by the Bilski decision. Significant investment is required to develop and market complex personalized medicine diagnostics that prognose risk or outcome based on a number of genetic or biological markers. Such methods do not preempt any basic law of nature because alternative predictive models can be developed using different sets of markers. Consequently, they should not be subject to § 101 rejections under current law.

http://www.fenwick.com/docstore/Publications/IP/Patent_Alert_06-28-10.pdf 2010-06-28T00:00:00-07:00 2010-06-28T00:00:00-07:00

The Bilski case presented the Supreme Court with an opportunity to eliminate business methods from the scope of patentable subject matter

http://www.fenwick.com/docstore/Publications/IP/Copyright_Alert_06-24-10.pdf 2010-06-24T00:00:00-07:00 2010-06-24T00:00:00-07:00

A federal district court granted summary judgment to YouTube and Google yesterday, holding that a safe harbor of the Digital Millennium Copyright Act (DMCA) protected the video-upload giants against billion-dollar claims brought by Viacom International and other content holders.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-11-10.pdf 2010-06-11T00:00:00-07:00 2010-06-11T00:00:00-07:00

Yesterday the Federal Circuit issued a decision in Pequignot v. Solo Cup Company, No. 2009-1547 (Fed. Cir. Jun. 10, 2010), providing some much needed guidance on avoiding liability under the “false marking” statute, 35 U.S.C. § 292.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-10-10.pdf 2010-06-10T00:00:00-07:00 2010-06-10T00:00:00-07:00

On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits and credit in the underlying works

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-01-10.pdf 2010-06-01T00:00:00-07:00 2010-06-01T00:00:00-07:00

A copyright registration is the required ticket for starting an infringement lawsuit in federal court, under 17 U.S.C. § 411. But will an application suffice to meet that requirement?

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/Dealing_With_Uptick.pdf 2010-05-07T00:00:00-07:00 2010-05-07T00:00:00-07:00

Recent months have witnessed a surge in the filing of "false marking" litigation – suits brought under 35 U.S.C. Section 292. The section provides penalties against any person that marks an "unpatented article" with any word or number indicating that the article is patented with the intent to deceive the public.

http://www.fenwick.com/docstore/Publications/IP/2010-04-13_Green_Technologies.pdf 2010-04-27T00:00:00-07:00 2010-04-27T00:00:00-07:00

As part of the fanfare leading up to the Copenhagen climate talks this past December, the U.S. Government announced a pilot program to accelerate processing of certain patent applications directed to green inventions.

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/2010-04-06_IP_Guide_Patent_Prosecution.pdf 2010-04-06T00:00:00-07:00 2010-04-06T00:00:00-07:00

From humble beginnings in July 2006 as a one-year pilot agreement between the US Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO), the Patent Prosecution Highway (PPH) has expanded into a full-fledged system of patent examination between more than 10 different patent offices.

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/2010_Seven_Sins.pdf 2010-02-23T00:00:00-07:00 2010-02-23T00:00:00-07:00

The start-up company often is an exciting and fast moving entity. However, without attention to detail involving intellectual property encompassed within the company product and/or service, the time, effort and sweat equity invested in getting that product and/or service to market can slow down, or even halt, company growth.

http://www.fenwick.com/docstore/Publications/IP/Managing_the_Bilski_Risk.pdf 2010-01-13T00:00:00-07:00 2010-01-13T00:00:00-07:00

Four Fenwick attorneys recently attended an oral argument at the U.S. Supreme Court at which justices surprised the patent community by signaling that they likely will cut back on the types of methods that are eligible for patent protection.

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/Litigation/Patent_Litigation_Alert_12-09-09.pdf 2009-12-09T00:00:00-07:00 2009-12-09T00:00:00-07:00

The Federal Circuit last week issued two opinions that substantially impact the tactics used in Texas-based patent litigation

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/Bilski_Brief.pdf 2009-09-04T00:00:00-07:00 2009-09-04T00:00:00-07:00

On June 1, the Supreme Court agreed to decide a case that will have a great impact on what types of inventions can be patented.

http://www.fenwick.com/docstore/Publications/Litigation/2009-09-02_Ariad_Written_Description.pdf 2009-09-02T00:00:00-07:00 2009-09-02T00:00:00-07:00

The fate of many chemical and biotechnology patents will soon depend on the Federal Circuit's interpretation of the first paragraph of section 112 of the Patent Act.

http://www.fenwick.com/docstore/Publications/LifeSciences/An_Unclear_Diagnosis.pdf 2009-07-24T00:00:00-07:00 2009-07-24T00:00:00-07:00

What constitutes patentable subject matter? The tension between the broad language of 35 U.S.C. Section 101 and the limitations of its scope by the courts is playing out in the context of patent eligibility of process claimsy...

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/Litigation/Litigation_Alert_06-22-09.pdf 2009-06-22T00:00:00-07:00 2009-06-22T00:00:00-07:00

The California Court of Appeal's recent opinion in FLIR Sys., Inc. v. Parrish, ___ Cal. App. 4th ___, 2009 Cal. App. LEXIS 943 (2d Dist. June 15, 2009) reinforces the need for careful deliberation in determining when and where to seek injunctive relief against trade secret misappropriation by former employees

http://www.fenwick.com/docstore/publications/General_Firm/2009_EGovernment.pdf 2009-06-12T00:00:00-07:00 2009-06-12T00:00:00-07:00

This paper presents the positive and negative impact information technology (IT) has had on governance in the United States and argues that effective and efficient eGovernment is a necessity created by the increased and widespread use of IT in the private sector.

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/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/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/Litigation/Shrinking_Prospects_CFAA.pdf 2009-04-01T00:00:00-07:00 2009-04-01T00:00:00-07:00

The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was enacted in 1984 as a criminal statute, but was subsequently amended in the 1990s to allow for private causes of action for damage to a "protected computer."

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/Litigation/Litigation_Alert_03-19-09.pdf 2009-03-19T00:00:00-07:00 2009-03-19T00:00:00-07:00

The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims...

http://www.fenwick.com/docstore/Publications/IP/TIE_INSTITUTE_031809.pdf 2009-03-18T00:00:00-07:00 2009-03-18T00:00:00-07:00

TiE Institute - Statrting a Company Now?? Founder and Formation Issues in a Turbulent Market....

http://www.fenwick.com/docstore/Publications/IP/2009-03-18_Trolls.pdf 2009-03-18T00:00:00-07:00 2009-03-18T00:00:00-07:00

Last week, a bipartisan quartet of senators introduced yet another round of patent reform legislation. As with the prior unsuccessful attempts in recent years, the bills proposed in the House and the Senate address a variety of issues, such as the measure of damages that a patentee can recover from an infringer....

http://www.fenwick.com/docstore/Publications/IP/2009-03-16_In_re_Bilski.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection...

http://www.fenwick.com/docstore/Publications/IP/2009-03-16_In_re_Bilski.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection...

http://www.fenwick.com/docstore/Publications/IP/2009-02-05_FAQ_international_patent.pdf 2009-03-11T00:00:00-07:00 2009-03-11T00:00:00-07:00

The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely its technology–the mere technical 'coolness' of an invention is not a sufficient reason for patenting it....

http://www.fenwick.com/docstore/Publications/IP/Framework_Identifying_Inventions.pdf 2009-02-25T00:00:00-07:00 2009-02-25T00:00:00-07:00

The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely its technology–the mere technical 'coolness' of an invention is not a sufficient reason for patenting it....

http://www.fenwick.com/docstore/Publications/IP/1-15-09_PLYIR_Materials.pdf 2009-01-15T00:00:00-07:00 2009-01-15T00:00:00-07:00

A Look Back at 2008 and A Look Ahead at 2009....

http://www.fenwick.com/docstore/publications/Litigation/Costco_Decision.pdf 2009-01-13T00:00:00-07:00 2009-01-13T00:00:00-07:00

The case of Costco Wholesale Corporation v. Superior Court, currently pending before the California Supreme Court, may dramatically affect the manner in which clients interact with and utilize their lawyers....

http://www.fenwick.com/docstore/Publications/IP/On_Shaky_Ground.pdf 2009-01-08T00:00:00-07:00 2009-01-08T00:00:00-07:00

Bernard Bilski did not intend to be a poster child for business method inventions. He filed his patent application more than a year before the Federal Circuit decided...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_2008_2009.pdf 2008-12-23T00:00:00-07:00 2008-12-23T00:00:00-07:00

Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...

http://www.fenwick.com/docstore/Publications/IP/In_Re_Swanson.pdf 2008-12-05T00:00:00-07:00 2008-12-05T00:00:00-07:00

It may not literally keep in-house attorneys up at night, but the chance that a relevant patent owned by another may unexpectedly show up on one's desk in the morning is certainly not a pleasant thought.

http://www.fenwick.com/docstore/Publications/IP/Patent_Alert_10-31-08.pdf 2008-10-31T00:00:00-07:00 2008-10-31T00:00:00-07:00

In a long-awaited decision, on October 30, 2008, the Federal Circuit en banc decided In re Bilski, clarifying the test for determining whether a process patent claim qualifies as patentable subject matter under Section 101 of the U.S. Patent Act.

http://www.fenwick.com/docstore/Publications/IP/Blurry_Trademark_Dilution.pdf 2008-10-20T00:00:00-07:00 2008-10-20T00:00:00-07:00

In 2006, Congress passed the Trademark Dilution Revision Act, or "TDRA." Hailed by some and criticized by others, the TDRA was widely expected to make it easier for the owners of famous trademarks to prevail in claims for trademark dilution...

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/IP/IP_Articles/Patent_Checklist.pdf 2008-09-23T00:00:00-07:00 2008-09-23T00:00:00-07:00

For many technology companies, developing a patent strategy is an important component of the business plan.

http://www.fenwick.com/docstore/Publications/IP/Io_V_Veoh.pdf 2008-09-02T00:00:00-07:00 2008-09-02T00:00:00-07:00

In an important decision with potential implications for the Viacom v. YouTube suit and for every website that hosts user-supplied content, a Magistrate Judge in the Northern District of California has granted summary judgment against a publisher of "adult" films...

http://www.fenwick.com/docstore/Publications/IP/CartoonNetwork_V_Cablevision.pdf 2008-08-06T00:00:00-07:00 2008-08-06T00:00:00-07:00

In a long-awaited ruling, the Second Circuit held on Monday that unauthorized reproductions of data, such as digital movie files, in computer buffers are not infringing copies because they were not fixed "for a period of more than transitory duration." ...

http://www.fenwick.com/docstore/Publications/Litigation/Opinion_Letters_Seagate.pdf 2008-07-28T00:00:00-07:00 2008-07-28T00:00:00-07:00

Patent infringement is a strict liability offense, the nature of which is only considered to determine whether infringement was willful and enhanced damages are warranted. For decades, accused infringers in patent infringement lawsuits relied on opinions of counsel to defend against willful infringement claims that may lead to enhanced damages...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2008.pdf 2008-07-15T00:00:00-07:00 2008-07-15T00:00:00-07:00

Rejecting the authority of a trio of more recent Ninth Circuit cases on the ground that their holdings could not be reconciled with an earlier Ninth Circuit decision, a Washington District Court has held a transfer of computer software to represent a sale, not a license...

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/IP/IP_bulletins/IP_Bulletin_Spring_2008.pdf 2008-05-19T00:00:00-07:00 2008-05-19T00:00:00-07:00

Just as a semiconductor clean room aims to exclude airborne particles that could contaminate wafer layers, so the legal software clean room has sought to protect computer software developers from contaminating "access" to earlier works they might be charged with copying...

http://www.fenwick.com/docstore/Publications/Litigation/Privacy_Alert_04-30-08.pdf 2008-04-30T00:00:00-07:00 2008-04-30T00:00:00-07:00

You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb...

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_04-24-08.pdf 2008-04-24T00:00:00-07:00 2008-04-24T00:00:00-07:00

In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_04-08-08.pdf 2008-04-08T00:00:00-07:00 2008-04-08T00:00:00-07:00

The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.

http://www.fenwick.com/docstore/Publications/Litigation/Federal_Circuit.pdf 2008-03-27T00:00:00-07:00 2008-03-27T00:00:00-07:00

The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_03-17-08.pdf 2008-03-17T00:00:00-07:00 2008-03-17T00:00:00-07:00

On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.

After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1. 2008-03-03T00:00:00-07:00 2008-03-03T00:00:00-07:00

http://www.fenwick.com/docstore/Publications/IP/Patent_Law_2008.pdf 2008-01-17T00:00:00-07:00 2008-01-17T00:00:00-07:00

Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2007.pdf 2007-10-12T00:00:00-07:00 2007-10-12T00:00:00-07:00

Disclosures to government regulators have always posed risks to trade secrets and other proprietary information.

http://www.fenwick.com/docstore/Publications/IP/IP_video/New_Patent_Rules_09-19-07.html 2007-09-19T00:00:00-07:00 2007-09-19T00:00:00-07:00

The United States Patent and Trademark Office [Office] is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Perfect10_CyberspLawyr_09-07.pdf 2007-09-17T00:00:00-07:00 2007-09-17T00:00:00-07:00

In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Perfect10_v_Google_IPS.pdf 2007-09-11T00:00:00-07:00 2007-09-11T00:00:00-07:00

How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Picture_Perfect.pdf 2007-09-04T00:00:00-07:00 2007-09-04T00:00:00-07:00

In the 1940's, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to define First Amendment rights in the 20th century.

http://www.fenwick.com/docstore/Publications/LifeSciences/Perspective_Patents_MedImmune.pdf 2007-08-31T00:00:00-07:00 2007-08-31T00:00:00-07:00

Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_08-21-07.pdf 2007-08-21T00:00:00-07:00 2007-08-21T00:00:00-07:00

On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness.

http://www.fenwick.com/docstore/Publications/IP/Patent_Alert_08-21-07.pdf 2007-08-21T00:00:00-07:00 2007-08-21T00:00:00-07:00

Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution.

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/Injunctions_After_eBay.pdf 2007-07-31T00:00:00-07:00 2007-07-31T00:00:00-07:00

More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006).

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-30-07.pdf 2007-07-30T00:00:00-07:00 2007-07-30T00:00:00-07:00

On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA)

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-17-07.pdf 2007-07-17T00:00:00-07:00 2007-07-17T00:00:00-07:00

On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights.

http://www.fenwick.com/docstore/Publications/IP/New_Patent_Rules_Looming.pdf 2007-07-16T00:00:00-07:00 2007-07-16T00:00:00-07:00

The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated.

http://www.fenwick.com/docstore/Publications/Litigation/Top_5_Practices.pdf 2007-07-13T00:00:00-07:00 2007-07-13T00:00:00-07:00

Top Five Practices for Implementing an Effective Trade Secret Preservation Program.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-05-07.pdf 2007-07-05T00:00:00-07:00 2007-07-05T00:00:00-07:00

On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2007.pdf 2007-06-26T00:00:00-07:00 2007-06-26T00:00:00-07:00

On May 23, 2007, Coca-Cola employee Joya Williams was sentenced to eight years in prison for trying to sell Coke's trade secrets to rival Pepsi.

http://www.fenwick.com/docstore/Publications/IP/Int_Patent_Strategy.pdf 2007-06-18T00:00:00-07:00 2007-06-18T00:00:00-07:00

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/playing_by_notice.pdf 2007-06-01T00:00:00-07:00 2007-06-01T00:00:00-07:00

This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares.

http://www.fenwick.com/docstore/Publications/IP/Basics_of_Early_Stage_Legal_Issues_-_Guide_for_Entrepreneurs.pdf 2007-05-18T00:00:00-07:00 2007-05-18T00:00:00-07:00

This guide was prepared for TiEcon 2007.

http://www.fenwick.com/docstore/Publications/IP/Copyright_Alert_05-17-07.pdf 2007-05-17T00:00:00-07:00 2007-05-17T00:00:00-07:00

How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-17-07.pdf 2007-05-17T00:00:00-07:00 2007-05-17T00:00:00-07:00

On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.

http://www.fenwick.com/docstore/Publications/Corporate/IP_Stratgy_BP_China.pdf 2007-05-16T00:00:00-07:00 2007-05-16T00:00:00-07:00

China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007.

http://www.fenwick.com/docstore/Publications/Litigation/2nd_Litigation_Alert_05-01-07.pdf 2007-05-01T00:00:00-07:00 2007-05-01T00:00:00-07:00

On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws."

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-01-07.pdf 2007-05-01T00:00:00-07:00 2007-05-01T00:00:00-07:00

On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad.

http://www.fenwick.com/docstore/Publications/Litigation/Legal_FAQ_Patent_Law.pdf 2007-04-17T00:00:00-07:00 2007-04-17T00:00:00-07:00

A patent is a legal right to exclude others from practicing the patented invention for a limited period of time in exchange for disclosing the details of the invention to the public.

http://www.fenwick.com/docstore/Publications/Litigation/Legal_FAQ_Patent_Litigation.pdf 2007-04-17T00:00:00-07:00 2007-04-17T00:00:00-07:00

The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2007.pdf 2007-04-02T00:00:00-07:00 2007-04-02T00:00:00-07:00

The Supreme Court has ruled that patent licensees do not need to breach their license agreements before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.

http://www.fenwick.com/docstore/Publications/Corporate/No_AHRA_Immunity.pdf 2007-03-07T00:00:00-07:00 2007-03-07T00:00:00-07:00

In a case of first impression, and one of the few cases interpreting the statute at issue, a New York district court held that the Audio Home Recording Act, 17 U.S.C. §§ 1001 et seq.

http://www.fenwick.com/docstore/Publications/Corporate/CSUSA-NY_Space-Shifting.pdf 2007-03-07T00:00:00-07:00 2007-03-07T00:00:00-07:00

Issues arise in highly varied context involving different kinds of access to different kinds of content, provided through different technologies

http://www.fenwick.com/docstore/Publications/Corporate/IP_Law_in_China.pdf 2007-01-19T00:00:00-07:00 2007-01-19T00:00:00-07:00

The work made for hire (sometimes abbreviated to work for hire or "WFH") doctrine is an exception to the general copyright rule that the person who actually creates a work is the legally-recognized author of that work.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-10-07.pdf 2007-01-10T00:00:00-07:00 2007-01-10T00:00:00-07:00

Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_12-15-06.pdf 2006-12-15T00:00:00-07:00 2006-12-15T00:00:00-07:00

On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement.

http://www.fenwick.com/docstore/Publications/IP/Copyright_Alert_11-28-06.pdf 2006-11-28T00:00:00-07:00 2006-11-28T00:00:00-07:00

Effective November 27, 2006, the Librarian of Congress announced the adoption of six exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provision, the exemptions to apply for the next three years.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/IP_Lit_1106.pdf 2006-11-28T00:00:00-07:00 2006-11-28T00:00:00-07:00

The years 2005 and 2006 have seen a substantial group of decisions, including some cases of first impression that flesh out the law of primary and secondary liability, fair use, and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2006.pdf 2006-11-20T00:00:00-07:00 2006-11-20T00:00:00-07:00

The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute and modify covered software provided they do so in a manner consistent with the "free" nature of the software.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Website_Immunity.pdf 2006-11-20T00:00:00-07:00 2006-11-20T00:00:00-07:00

The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Maybe_recorder06.pdf 2006-11-08T00:00:00-07:00 2006-11-08T00:00:00-07:00

"Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Oct_WAMR_Beware.pdf 2006-10-31T00:00:00-07:00 2006-10-31T00:00:00-07:00

Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_10-31-06.pdf 2006-10-31T00:00:00-07:00 2006-10-31T00:00:00-07:00

On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative

http://www.fenwick.com/docstore/Publications/IP/potential_defenses.pdf 2006-10-31T00:00:00-07:00 2006-10-31T00:00:00-07:00

The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute, and modify covered software provided they do so in a manner consistent with the "free" nature of the software.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Notable.pdf 2006-07-31T00:00:00-07:00 2006-07-31T00:00:00-07:00

The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act.

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

Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006).

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-25-06.pdf 2006-07-25T00:00:00-07:00 2006-07-25T00:00:00-07:00

On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission.

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/IP_bulletins/IP_Bulletin_Summer_2006.pdf 2006-06-30T00:00:00-07:00 2006-06-30T00:00:00-07:00

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 or her invention.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-23-06.pdf 2006-06-23T00:00:00-07:00 2006-06-23T00:00:00-07:00

The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-01-06.pdf 2006-06-01T00:00:00-07:00 2006-06-01T00:00:00-07:00

On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information.

http://www.fenwick.com/docstore/Publications/Litigation/Going_to_Videotape.pdf 2006-05-17T00:00:00-07:00 2006-05-17T00:00:00-07:00

Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case. This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-15-06.pdf 2006-05-15T00:00:00-07:00 2006-05-15T00:00:00-07:00

A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them.

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/IP/fair_use_palooza.pdf 2006-04-19T00:00:00-07:00 2006-04-19T00:00:00-07:00

Statutory, or classic "fair use"—the use, other than as trademarks, of common words, in their ordinary descriptive sense—has long been a seemingly straightforward, not particularly controversial aspect of trademark law.

http://www.fenwick.com/docstore/Publications/Litigation/Trade_Secret_ID_Rule.pdf 2006-04-19T00:00:00-07:00 2006-04-19T00:00:00-07:00

Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated.

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/LifeSciences/2005_Trends_Partnering.pdf 2006-03-28T00:00:00-07:00 2006-03-28T00:00:00-07:00

Ten years ago, when a biotech company needed to raise capital, the avenue most frequently sought was the capital markets. Today, rising drug development costs can approach $1 billion, making a biotech's need for capital more intense than ever.

http://www.fenwick.com/docstore/Publications/IP/Trademark_Dilution.pdf 2006-03-22T00:00:00-07:00 2006-03-22T00:00:00-07:00

Three years ago, in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) ("Victoria's Secret"), the Supreme Court held that the Federal Trademark Dilution Act of 1995...

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/IP/Formation_and_Founders_Issues.pdf 2006-03-20T00:00:00-07:00 2006-03-20T00:00:00-07:00

This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_03-06-06.pdf 2006-03-06T00:00:00-07:00 2006-03-06T00:00:00-07:00

On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases.

http://www.fenwick.com/docstore/Publications/GroksterDecison/perfect10_google.pdf 2006-02-24T00:00:00-07:00 2006-02-24T00:00:00-07:00

Order Granting/Denying Preliminary Injunction (Feb. 21, 2006). Key Holdings—Thumbnail copying for search purposes not fair use, notwithstanding Kelly v. Arriba Soft. No contributory liability.

http://www.fenwick.com/docstore/Publications/GroksterDecison/what_now_grokster.pdf 2006-02-24T00:00:00-07:00 2006-02-24T00:00:00-07:00

“We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression of other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.”

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_02-22-06.pdf 2006-02-22T00:00:00-07:00 2006-02-22T00:00:00-07:00

On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Copyright_Basics.pdf 2006-02-21T00:00:00-07:00 2006-02-21T00:00:00-07:00

Copyright refers to the rights of authors in works of authorship — as distinguished from patents (whose subject matter is inventions), trademarks (which concern symbols of an enterprise's reputation and goodwill) and trade secrets (information whose value derives from being kept secret).

http://www.fenwick.com/docstore/Publications/IP/TM_Selection_for_HighTech.pdf 2006-02-07T00:00:00-07:00 2006-02-07T00:00:00-07:00

Among a company's most valuable assets are the symbols by which that company and its products or services are known to the public.

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/Litigation/eBay_MercExchange.pdf 2006-01-23T00:00:00-07:00 2006-01-23T00:00:00-07:00

The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005).

http://www.fenwick.com/docstore/Publications/IP/Int_Patent_Strategy.pdf 2006-01-19T00:00:00-07:00 2006-01-19T00:00:00-07:00

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/IP/Patent_Law_2006.pdf 2006-01-19T00:00:00-07:00 2006-01-19T00:00:00-07:00

The Year Past and the Year Ahead

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/IP_bulletins/IP_Bulletin_Fall_2005.pdf 2005-11-22T00:00:00-07:00 2005-11-22T00:00:00-07:00

On November 7, 2005, the Recording Industry Association of America issued a press release announcing settlement of the longstanding file-sharing dispute with Grokster.

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/Patent_Protection.pdf 2005-10-25T00:00:00-07:00 2005-10-25T00:00:00-07:00

Intellectual property is the term used to describe the intangible assets associated with a company's technological innovation.

http://www.fenwick.com/docstore/Publications/Litigation/Patent_Litigation.pdf 2005-10-17T00:00:00-07:00 2005-10-17T00:00:00-07:00

This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases.

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/Patent_Law_09-20-05.pdf 2005-09-20T00:00:00-07:00 2005-09-20T00:00:00-07:00

With the advent of the global economy, the design, manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas. Naturally, the owners of U.S. patents are increasingly attempting to enforce their U.S. patents against activities carried out at least in part, if not entirely, outside the U.S.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Copyright_Alert_09-15-05.pdf 2005-09-15T00:00:00-07:00 2005-09-15T00:00:00-07:00

Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Strategic_IP_Planning.pdf 2005-08-25T00:00:00-07:00 2005-08-25T00:00:00-07:00

The recognition of intellectual property as an intellectual asset, and an asset generally, is paramount to successful strategic intellectual property planning. Intellectual property should be thought of as having the characteristics of an asset, and should be so managed.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/IP_Audit.pdf 2005-08-22T00:00:00-07:00 2005-08-22T00:00:00-07:00

Intellectual property has an importance today greater than ever before.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Grokster_0805.pdf 2005-08-15T00:00:00-07:00 2005-08-15T00:00:00-07:00

Once the enabling software had proliferated sufficiently, nothing Grokster could do could stop its operation.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-19-05.pdf 2005-07-19T00:00:00-07:00 2005-07-19T00:00:00-07:00

On July 13, 2005, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding whether the exportation of software code from the United States for distribution and use in foreign markets constitutes an infringement under U.S. patent law.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-13-05.pdf 2005-07-13T00:00:00-07:00 2005-07-13T00:00:00-07:00

Overview / Commentary / Authors of the Opinion / Summary of the Opinion / Dissents

http://www.fenwick.com/docstore/Publications/IP/Start-up_Legal_Resource_Guide.pdf 2005-06-16T00:00:00-07:00 2005-06-16T00:00:00-07:00

Seed and VC Financing / Sample Series A Term Sheet / VC for High Tech Companies / Raising Initial Funding in the San Francisco Bay Area / Venture Financing Terms Survey - 1st Quarter 2005 / "Shaking the Money Tree" / Patent Portfolio Strategy for Start-ups

http://www.fenwick.com/docstore/Publications/IP/CoStar_Reopens.pdf 2005-06-14T00:00:00-07:00 2005-06-14T00:00:00-07:00

[T]he U.S. Court of Appeals for the Fourth Circuit undermined a previously unbroken line of cases holding that electronic copies of digital works are "fixed" within the meaning of the Copyright Act if they exist in the random access memory (RAM) of a computer.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2005.pdf 2005-06-14T00:00:00-07:00 2005-06-14T00:00:00-07:00

CoStar Reopens Settled Fixation Issue/Trademark Infringement and the Fair Use Defense/Changes in Store for "Ailing" Patent System/Family Entertainment and Copyright Act Becomes Law.

http://www.fenwick.com/docstore/Publications/IP/Trademark_Infringmnt_and_Fair_Use.pdf 2005-06-14T00:00:00-07:00 2005-06-14T00:00:00-07:00

In a December 8, 2004, decision, the Supreme Court resolved a split in the appellate courts on the significance of likelihood of confusion in a fair use defense to a trademark infringement claim.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/IP_Strategist_0605.pdf 2005-06-01T00:00:00-07:00 2005-06-01T00:00:00-07:00

Initial Interest Confusion and 'Post-Initial Confusion'.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Correct_Inventorship.pdf 2005-05-23T00:00:00-07:00 2005-05-23T00:00:00-07:00

Although companies race to the U.S. Patent and Trademark Office to build their patent portfolios, technically, a company is not granted a patent.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Ailing_Patent_System.pdf 2005-05-20T00:00:00-07:00 2005-05-20T00:00:00-07:00

Just a few years ago, it was unusual for patents to make newspaper headlines—but times have changed.

http://www.fenwick.com/docstore/Publications/IP/Statutory_Bars_Patent_Rights.pdf 2005-05-01T00:00:00-07:00 2005-05-01T00:00:00-07:00

Many people are aware of the need to keep patentable inventions secret. However, few people other than patent lawyers understand the reasons for the secrecy, or know the other actions that might cause an inventor to unintentionally lose the right to obtain a patent.

http://www.fenwick.com/docstore/Publications/IP/Entrepreneur_Workshop.pdf 2005-03-25T00:00:00-07:00 2005-03-25T00:00:00-07:00

Formation Issues and Considerations/Early Stage Issues/Pre-Financing Capitalization Structure/Typical Pre-Financing Capitalization Structure/Stock Options for Employees

http://www.fenwick.com/docstore/Publications/IP/Patent_Law_2004.pdf 2005-02-17T00:00:00-07:00 2005-02-17T00:00:00-07:00

The Year Past and the Year Ahead

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/IP/IP_bulletins/IP_Bulletin_Winter_04-05.pdf 2004-12-28T00:00:00-07:00 2004-12-28T00:00:00-07:00

Trademarks on a Shoestring for Start-Ups/Circuit Courts Narrow the Reach of the DMCA's Anti-Circumvention Provisions/Quick Updates.

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/Antitrust/Interplay.pdf 2004-11-02T00:00:00-07:00 2004-11-02T00:00:00-07:00

Technical standards are often used to ensure that products from different companies will interoperate. Many of these standards are created by a standards body composed of companies interested in influencing the particular standard at hand.

http://www.fenwick.com/docstore/Publications/Corporate/Raising_Initial_Funding.pdf 2004-09-15T00:00:00-07:00 2004-09-15T00:00:00-07:00

This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2004.pdf 2004-09-10T00:00:00-07:00 2004-09-10T00:00:00-07:00

Federal Circuit Whacks the Doctrine of Equivalents Again/The Role of Dictionaries in Patent Claim Construction/ Quick Updates.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Getting_Patent_Quickly.pdf 2004-07-21T00:00:00-07:00 2004-07-21T00:00:00-07:00

The competitive value of many Internet, business method, or software patents lies in functional features that are exposed when the invention is made commercially available.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Managing_Innovation.pdf 2004-06-30T00:00:00-07:00 2004-06-30T00:00:00-07:00

DuPont's Oncomouse patent licensing program continues to cause a stir in academia and industry.

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/IP/IP_Articles/Assessing_Patent_Value.pdf 2004-06-15T00:00:00-07:00 2004-06-15T00:00:00-07:00

Business decisions often depend upon accurately determining an asset's value.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2004.pdf 2004-06-15T00:00:00-07:00 2004-06-15T00:00:00-07:00

Lessons in Patent Prosecution Quality Control from the Federal Circuit/The Complex Legal Implications of Modifying Licensed Software/ Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Patent_Reexaminations.pdf 2004-04-22T00:00:00-07:00 2004-04-22T00:00:00-07:00

Patents deployed for strategic business purposes in a licensing or litigation context must be carefully studied to determine the strength of their claims.

http://www.fenwick.com/docstore/477/Altering_Patent.pdf 2004-04-16T00:00:00-07:00 2004-04-16T00:00:00-07:00

American ingenuity is encouraged by a patent system that provides incentives for inventors to disclose their inventions in exchange for a period of exclusivity.

http://www.fenwick.com/docstore/Publications/IP/Software_Protection_2004.pdf 2004-03-11T00:00:00-07:00 2004-03-11T00:00:00-07:00

This report summarizes the legal protection available for computer software in most significant markets around the world as of January 2004.

http://www.fenwick.com/docstore/Publications/IP/Software_Chart_2004.pdf 2004-03-11T00:00:00-07:00 2004-03-11T00:00:00-07:00

This chart can be used to determine if subject matter protection is currently available in a particular country for either a U.S. or foreign party's software.

http://www.fenwick.com/docstore/Publications/IP/Copyright_Infringement_Litigation.pdf 2004-03-11T00:00:00-07:00 2004-03-11T00:00:00-07:00

Where, What, When, Who and Why

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_2004.pdf 2004-03-08T00:00:00-07:00 2004-03-08T00:00:00-07:00

Determining the Value of a Patent Portfolio/The Potential Perils of Provisional Patent Applications/Quick Updates

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/Powerful_Patent.pdf 2004-02-26T00:00:00-07:00 2004-02-26T00:00:00-07:00

A provisional application is part of a powerful patent strategy, but only if the provisional application is prepared properly.

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/Publications/IP/IP_Articles/Copyright_Alert.pdf 2004-02-18T00:00:00-07:00 2004-02-18T00:00:00-07:00

In an important ruling handed down February 10, 2004, the U.S. Court of Appeals for the Ninth Circuit continued the trend, begun in A&M Records v. Napster, 239 F.3d 1004 (9th Cir. 2001), of expanding vicarious liability of online service providers (OSPs) for copyright infringement by users, based on the "draw" of the web site.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2003.pdf 2003-11-28T00:00:00-07:00 2003-11-28T00:00:00-07:00

The Proposed Intellectual Property Protection Restoration Act of 2003, Kelly v. Arriba Soft: Search Engines, Web Crawlers and Copyright's Exclusive Right of Display/Quick Updates

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/IP/Software_Chart_2003.pdf 2003-09-29T00:00:00-07:00 2003-09-29T00:00:00-07:00

This chart can be used to determine if subject matter protection is currently available in a particular country for either a U.S. or foreign party's software.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2003.pdf 2003-09-29T00:00:00-07:00 2003-09-29T00:00:00-07:00

UDRP Versus ACPA: Choosing the Right Tool to Challenge Cybersquatting/Watch Out for Statutory Bars/Your Patent Rights Before You Even file the Application/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/UDRP_Versus_ACPA.pdf 2003-09-29T00:00:00-07:00 2003-09-29T00:00:00-07:00

One of the most frequent sources of conflict on the Internet has resulted from the unauthorized registration and use of domain names containing other parties' trademarks or company names, a practice commonly referred to as cybersquatting.

http://www.fenwick.com/docstore/Publications/IP/Domain_Name_Dispute.pdf 2003-06-04T00:00:00-07:00 2003-06-04T00:00:00-07:00

Providing a new forum for brand promotion, the Internet has significantly impacted both the use and abuse of trademarks.

http://www.fenwick.com/docstore/Publications/IP/Trade_Secrets_Protection.pdf 2003-06-02T00:00:00-07:00 2003-06-02T00:00:00-07:00

Companies sometimes overlook trade secrets as intellectual property assets because both their creation and continued existence depend upon secrecy.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2003.pdf 2003-05-15T00:00:00-07:00 2003-05-15T00:00:00-07:00

Put It in Writing/Federal Trademark Dilution Law: The New Landscape/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Think_Value.pdf 2003-05-01T00:00:00-07:00 2003-05-01T00:00:00-07:00

Entrepreneurship today faces some new realities. Different perspectives exist on what are new realities.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_2003.pdf 2003-02-28T00:00:00-07:00 2003-02-28T00:00:00-07:00

Homer and Dr. Evil Meet the Anticybersquatting Consumer Protection Act/Structuring International Manufacturing and Distribution Activities with the U.S. Patent Laws in Mind/Quick Updates

http://www.fenwick.com/docstore/477/Enzo_Biochem.pdf 2003-01-01T00:00:00-07:00 2003-01-01T00:00:00-07:00

Recent court decisions effectively call for researchers and companies to reduce their biotechnology and pharmaceutical inventions to practice before they can apply for patent protection.

http://www.fenwick.com/docstore/Publications/IP/Patent_Licensing.pdf 2003-01-01T00:00:00-07:00 2003-01-01T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2002.pdf 2002-12-15T00:00:00-07:00 2002-12-15T00:00:00-07:00

Court Evaluates Meaning of "Derivative Work" in an Open Source License/A Patent Portfolio Strategy for Start-Ups/Electronic Records: A reason for Concern/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Patent_Portfolio_Dev.pdf 2002-11-01T00:00:00-07:00 2002-11-01T00:00:00-07:00

Successful high technology companies recognize that a comprehensive intellectual property portfolio can be of substantial value.

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/IP/IP_bulletins/IP_Bulletin_Summer_2002.pdf 2002-09-15T00:00:00-07:00 2002-09-15T00:00:00-07:00

Has the Second Circuit Done Away with Copyright Ownership by Independent Contractors?/An Up-Close Look at the Duty of Disclosure/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/Trademark_Law_On_The_Internet.pdf 2002-05-07T00:00:00-07:00 2002-05-07T00:00:00-07:00

I. Trademark Infringement / II. Likelihood of Confusion on the Internet / III. Trademark Dilution / IV. Cyberpiracy Relief

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_2002.pdf 2002-02-28T00:00:00-07:00 2002-02-28T00:00:00-07:00

Open Source Code: A Trap for the Unwary/Antispam Laws Coming of Age/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/Real_Life_Issues.pdf 2002-01-01T00:00:00-07:00 2002-01-01T00:00:00-07:00

Although it seems hard to believe, the first recognized software copyright infringement case of any note took place almost sixteen years ago.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2001.pdf 2001-12-15T00:00:00-07:00 2001-12-15T00:00:00-07:00

Are Borderline Generic Domain Names Such As e-cards.com and cards.com Protectable Trademarks?/ European Block Exemptions and What They Mean for California Lawyers/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/New_Anti_Terrorism_Law.pdf 2001-11-15T00:00:00-07:00 2001-11-15T00:00:00-07:00

On October 26, 2001, the USA PATRIOT ACT (H.R. 3162) became law.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2001.pdf 2001-09-15T00:00:00-07:00 2001-09-15T00:00:00-07:00

Section 2019(d)'s "Reasonable Particularity" Requirement Can Leave Litigants Guessing/Lessons Learned From the Avant! Criminal Trade Secrets Case/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Injunction_Done_Gone.pdf 2001-08-01T00:00:00-07:00 2001-08-01T00:00:00-07:00

In an extraordinary moment of drama, the judges of the Eleventh Circuit ruled from the bench at the close of oral argument on Mat 25th to strike down a preliminary injunction that had barred publication of Alice Randall's the Wind Done Gone.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/info_Domain_Name.pdf 2001-07-15T00:00:00-07:00 2001-07-15T00:00:00-07:00

As a follow-up to our bulletin on .biz domains, this bulletin provides important information on the new .info top-level domain.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2001.pdf 2001-05-15T00:00:00-07:00 2001-05-15T00:00:00-07:00

How Long Do Patents Last?/A Practitioner's Guide To Section 365(n) Of The U.S. Bankruptcy Code/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_2001.pdf 2001-02-28T00:00:00-07:00 2001-02-28T00:00:00-07:00

Summary of the Key Provisions of the Uniform Computer Information Transactions Act/Federal Circuit Narrows Application of the Doctrine of Equivalents/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2000.pdf 2000-12-15T00:00:00-07:00 2000-12-15T00:00:00-07:00

U.S. Patent Applications to be Published/The Privacy Bandwagon Rolls On: More rules from the FTC/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/SF_Daily_Journal_Potent_Portfolio.pdf 2000-12-15T00:00:00-07:00 2000-12-15T00:00:00-07:00

Executives in technology companies are increasingly recognizing that a strong patent portfolio can bring substantial value to their company.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2000.pdf 2000-09-15T00:00:00-07:00 2000-09-15T00:00:00-07:00

New Cases Address the Scope of the Fair-Use Doctrine on the Internet/Tips, Tricks and strategies for Getting Your Patent Rights Right Away/Quick Updates

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_bulletins/IP_Bulletin_Spring_2000.pdf 2000-05-15T00:00:00-07:00 2000-05-15T00:00:00-07:00

U.S. Encryption Export Regulations Enter The 21st Century/Ninth Circuit Clarifies Scope of Fair Use of Computer Code/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_2000.pdf 2000-02-28T00:00:00-07:00 2000-02-28T00:00:00-07:00

Significant Changes in U.S. Patent Laws/Another Shot fired in the Privacy Wars: FTC Rules on Children's Privacy/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Changes_in_U.S_Patent.pdf 2000-02-28T00:00:00-07:00 2000-02-28T00:00:00-07:00

On November 29, 1999 President Clinton signed the Intellectual Property and Communications Omnibus Reform Act of 1999 (the "Act").

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_1999.pdf 1999-12-15T00:00:00-07:00 1999-12-15T00:00:00-07:00

Predictability in Patent Cases: Supreme Court Review of Federal Circuit Decisions/Separate Spheres: Addressing the Confusion Surrounding Patent Law's Enablement Requirement/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/General_IP_Practitioner.pdf 1999-10-01T00:00:00-07:00 1999-10-01T00:00:00-07:00

In the last couple of years, companies have been filing a phenomenal volume of patent applications with the U.S. Patent & Trademark Office (PTO), and the PTO has been issuing a patents in record numbers.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_1999.pdf 1999-09-15T00:00:00-07:00 1999-09-15T00:00:00-07:00

The Open Source Software Movement and Intellectual Property/How the FCRA Affects Information Exchanges/ Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_1999.pdf 1999-05-15T00:00:00-07:00 1999-05-15T00:00:00-07:00

Private Information For Sale: The Coming of Online Privacy Regulations/Avoiding International Trademark Disputes On The Internet/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Free_Ride.pdf 1999-04-15T00:00:00-07:00 1999-04-15T00:00:00-07:00

Internet search engines sell the 'right' to have a company's advertisement emblazoned over the results returned when an Internet surfer searches for the name of the company's competitors.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Method_Madness.pdf 1999-03-15T00:00:00-07:00 1999-03-15T00:00:00-07:00

In July 1998, the U.S. Court of Appeals for the Federal Circuit,in State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F.3d 1368 (Fed. Cir. 1998), held patentable Signature's mutual-fund system, overturning a legalistic framework.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_1999.pdf 1999-02-28T00:00:00-07:00 1999-02-28T00:00:00-07:00

U.S. Encryption Export Policy Update (Updated February 2000)/Online Service Providers: The New Copyright Enforcers/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_1998.pdf 1998-12-15T00:00:00-07:00 1998-12-15T00:00:00-07:00

Software Patents and Internet Business Methods in the Wake of State Street Bank/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_1998.pdf 1998-09-15T00:00:00-07:00 1998-09-15T00:00:00-07:00

Copyright Misuse and its Effect on the Enforceability of a Copyright/Statutory Damages for Copyright Infringment/Copyright Protection and Gray Markets/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/Copyright_in_the_Digital.pdf 1998-07-30T00:00:00-07:00 1998-07-30T00:00:00-07:00

It has been twenty years since, at the dawn of the modern computer age, Congress determined that computer programs would be protected under copyright law.

http://www.fenwick.com/docstore/Publications/IP/Trademark_in_Cyberspace.pdf 1998-07-21T00:00:00-07:00 1998-07-21T00:00:00-07:00

Cyberspace raises a variety of thought–provoking trademark and trademark-related issues.

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/IP_Articles/Systems-on-a-Chip.pdf 1998-05-16T00:00:00-07:00 1998-05-16T00:00:00-07:00

I. INTELLECTUAL PROPERTY IS AN IMPORTANT BUSINESS ASSET

http://www.fenwick.com/docstore/Publications/IP/Look_&_Feel.pdf 1998-05-15T00:00:00-07:00 1998-05-15T00:00:00-07:00

The United States software industry has experienced phenomenal growth since its inception, and remains one of the few technical industries in which the United States demonstrably leads other countries.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_1998.pdf 1998-05-15T00:00:00-07:00 1998-05-15T00:00:00-07:00

Clearing Rights to Use Still Images on the Web/Defining the Constitutional Limits of Personal Jurisdiction Over Companies Engaged in Internet Commerce/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/Securing_and_Protecting.pdf 1998-05-01T00:00:00-07:00 1998-05-01T00:00:00-07:00

The explosive development of the Internet, accompanies by the exponential and still-accelerating growth in online commerce, is fated to effect important changes in economic power, commercial life, communications and culture.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_1998.pdf 1998-02-28T00:00:00-07:00 1998-02-28T00:00:00-07:00

Setting Patent Disputes: Licenses, Settlement and Lear Agreements/Patent Protection for Internet Companies/Quick Updates

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

A license agreement frequently transfers some rights in an invention from a patent owner to a licensee.

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.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_1997.pdf 1997-12-15T00:00:00-07:00 1997-12-15T00:00:00-07:00

Intellectual Property Issues in Eradicating the Millennium Bug/Suppression and Concealment of Inventions: A Software Vendor's Nightmare Named 102(g)/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/Guarding_Rights.pdf 1997-11-01T00:00:00-07:00 1997-11-01T00:00:00-07:00

Digital technology allows 'visitors' to create perfect copies of works from your web site, to distribute them globally at virtually no cost, and to use them in ways that can cause surprising harms.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/The_Wrong_Way.pdf 1997-09-19T00:00:00-07:00 1997-09-19T00:00:00-07:00

In a short opinion destined to constrain the power of copyright holders to control the way customers and competitors can use such works as computer software, the Ninth Circuit has held that "copyright misuse" is a defense to copyright infringement claims.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Global_Warning.pdf 1997-05-16T00:00:00-07:00 1997-05-16T00:00:00-07:00

Like most other high-technology companies, Internet companies seek to protect their products and ideas from their competitors.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Baystate_Holding.pdf 1997-04-01T00:00:00-07:00 1997-04-01T00:00:00-07:00

A district court in Boston has rendered an important and thoroughly reasoned decision on the copyrightability of computer software technical interfaces, holding that critical elements of such interfaces cannot be protected by copyright law.

http://www.fenwick.com/docstore/Publications/IP/IP_Rights_on_the_Internet.pdf 1997-03-20T00:00:00-07:00 1997-03-20T00:00:00-07:00

The number of adults using the Internet, in the United states alone, increased from 27 million in January, 1996 to 35 million in September, 1997.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Shrinkwrap.pdf 1997-03-01T00:00:00-07:00 1997-03-01T00:00:00-07:00

Computer software companies widely rely on the use of "shrinkwrap" license agreements in the mass market distribution of software.

http://www.fenwick.com/docstore/Publications/IP/Performing_IP_Audit_Copyright.pdf 1997-01-01T00:00:00-07:00 1997-01-01T00:00:00-07:00

For many companies in the computer industry and other information-related industries, intellectual property may comprise a substantial, if not the major, part of the company's assets.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Piracy.pdf 1994-01-01T00:00:00-07:00 1994-01-01T00:00:00-07:00

You wrote it. They sold it. By their lights, you and your software would have been nothing without them.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Copyright_Pirates.pdf 1993-01-01T00:00:00-07:00 1993-01-01T00:00:00-07:00

Sometimes the only way to stop copyright pirates is to catch them in the act.