Intellectual Property Law: Intellectual Property Law

Home -> Law Blog Directory -> Intellectual Property Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Intellectual Property Law

By Sheppard Mullin

Post Frequency: 1/day

Last Entry: March 21, 2011 at 13:19:17

Trademarks In The Veldt: Do Virtual Lawyers Dream Of Electric Trademarks?

Posted on March 21, 2011
In Neal Stephenson's 1992 science fiction novel, Snow Crash, humans interact as avatars in the 'Metaverse,' the collective product of online shared three-dimensional space.[1] As imagined by Stephenson, this 'Metaverse' has been created by all virtual worlds[2] - it is...

Patent Reform Is Again Before Congress - The Patent Reform Act of 2011

Posted on February 07, 2011
Patent reform has been a topic of congressional debate since the introduction of the Patent Reform Act of 2005. Having failed to enact the 2005 legislation or any subsequently proposed reform, patent reform has again been introduced into the Senate,....

China Revamps Its Outdated Copyright Pledges System

Posted on December 30, 2010
The State Copyright Bureau recently released a new set of copyright pledges registration rules to replace its current system. The "Measures for Registration of Copyright Pledges" (the "Measures") will become effective on January 1, 2011...

Adjusting the Inequitable Conduct Doctrine: Federal Circuit Hears Oral Arguments En Banc in Therasense

Posted on December 07, 2010
By Gray M. Buccigross On November 9, 2010, the Federal Circuit, sitting en banc, heard oral arguments in Therasense, Inc. v. Becton, Dickinson & Co., regarding the legal tests to be applied in determining whether a patent is unenforceable due...

To access this complete feed in the blog feed reader login or register for free.

United States Weighs in on Myriad Genetics Case

Posted on November 04, 2010
On Friday, October 29, 2010, the United States submitted an amicus curiae brief in the Myriad Genetics, Inc. case. (The Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., Federal Circuit Case No. 2010-1406.) Myriad Genetics holds several patents...

Information Sharing On The Internet May Mean Fewer Confidential Trade Secrets

Posted on October 20, 2010
As a matter of course, we automatically Google someone, something, anything, in search of more information. In courtrooms, the attorneys choosing a jury are going beyond the information provided in the courtroom. One judge tried to stop the practice, and...

Blog Hyperlinks to News Stories = Copyright Infringement or Not?

Posted on October 20, 2010
The expression "bad facts make bad law" comes to mind when reading the news reports about Righthaven LLC and the Las Vegas Review-Journal ("Las Vegas Review"). Namely, the Las Vegas Review has partnered with Righthaven to sell their copyright interest...

The Innovative Design Protection and Privacy Prevention Act: Will Design Protection Be In Vogue in Congress?

Posted on September 01, 2010
On August 6, 2010 Senator Charles Schumer (D-NY), introduced a bill entitled the Innovative Design Protection and Piracy Prevention Act ("IDPPPA") (S. 3728), which represents a compromise between the American Apparel & Footwear Association ("AAFA") and the Council of Fashion...

Sublicenses By Exclusive Licensees Of Copyrights - Copyright "Clarification" May Change The Law

Posted on August 16, 2010
A change in the rules on copyright licensing may be coming in the near future and from an unexpected and unanticipated source. The rules deal with whether the owner of an exclusive copyright license may sublicense such right without the...

Digital Media Law Forum - Fall 2010

Posted on August 12, 2010
Building Brands In A Digital World Building a better mousetrap, widget, or search engine isn't enough. Join leading branding professionals and trademark counsel for an in-depth discussion of how to build a compelling brand, including online brand development strategies as...

Gucci's Attempt to Extend Trademark Infringement Liability to Credit Card Merchant Service Providers Survives Motion to Dismiss

Posted on June 30, 2010
Judge Harold Baer in Gucci America, Inc. v. Frontline Processing Corp., No. 09 Civ. 6925 (HB), 2010 WL 2541367 (S.D.N.Y. June 23, 2010), ruled that Gucci had sufficiently alleged facts to defeat a motion to dismiss in a suit brought...

Supreme Court Rejects Bilski Claims, Overturns "Machine-or-Transformation" Requirement for Patent Eligibility of Processes

Posted on June 28, 2010
This morning, in a highly anticipated decision, a fractured Supreme Court affirmed the Federal Circuit's judgment in Bilski v. Kappos. The Court unanimously upheld the rejection of Bilski's patent claims, which concerned a process for hedging against the risk of...

California Court of Appeal Clarifies What Constitutes "Use" of a Trade Secret

Posted on June 21, 2010
Silvaco Data Systems v. Intel Corp., 184 Cal.App.4th 210 (April 29, 2010) In a recent case, Silvaco Data Systems v. Intel Corp., 184 Cal.App.4th 210 (April 29, 2010), the California Court of Appeal clarified what constitutes use of a trade...

Face-Time with the Director of the USPTO

Posted on June 03, 2010
The Del Mar office of Sheppard Mullin recently had the rare honor and privilege of hosting an inventors forum with David Kappos, the Director of the United States Patent and Trademark Office, as the guest of honor. During the event,...

USPTO Director Visits Sheppard Mullin

Content Monetization: What's Working?

Posted on May 25, 2010
Digital Media Law Forum at the Commonwealth Club Silicon Valley On May 13, 2010, at the Computer History Museum in Mountain View, CA, a panel of experts from Yahoo!, Funny or Die, United Talent Agency, Wired.com, and Sheppard Mullin examined...

California Court Takes On Trade-Secret Preemption of Other Civil Claims

Posted on May 21, 2010
Recently, a California court of appeal took up an issue that is more often examined by federal courts than state courts: trade-secret preemption of related tort claims....

Supreme Court Grants Certiorari To Better Define The First Sale Doctrine

Posted on May 04, 2010
On April 19th, 2010, the United States Supreme Court granted certiorari to consider whether, in the context of a copyright infringement claim, the first sale doctrine applies to imported goods manufactured abroad. The first sale doctrine, codifed at 17 U...

Beware The New Patent Trolls - Strategies For Handling and Avoiding False Patent Marking Claims After Forest Group v. Bon Tool

Posted on April 23, 2010
ABA Section of Litigation - Intellectual Property Roundtable Discussion Tuesday, May 18, 2010 - Sheppard Mullin Richter & Hampton New York The Co-Chairs of the Intellectual Property Litigation Committee of the American Bar Association Section of Litigation invite you to...

District Court Holds Gene Sequences Not Patentable Subject Matter

Posted on April 01, 2010
On March 29, 2010, in the highly publicized and closely watched case of Association for Molecular Pathology, et al v. U. S. Patent and Trademark Office, et al. (real parties in interest patent holders Myriad Genetics and the University of...

Federal Circuit Confirms Written Description Requirement in Ariad

Posted on March 25, 2010
On March 22, 2010, the Federal Circuit issued an important but unsurprising en banc decision upholding a separate written description requirement under 35 U.S.C. § 112. In Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., the Court rejected the patent...

It's Not Over For MGA's Bratz Doll Line Yet

Posted on January 13, 2010
The Ninth Circuit recently stayed an injunction entered against MGA Entertainment, Inc., that would have otherwise required MGA to ensure that none of its popular Bratz dolls, the subject of a copyright dispute with toy giant, Mattel, Inc., are available...

Federal Circuit Grants Patent Term Extensions

Posted on January 08, 2010
In a much anticipated decision, the Federal Circuit held yesterday that two pharmaceutical companies, Wyeth and Elan Pharma, were entitled to extended patent term adjustments because the U.S. Patent and Trademark Office failed to perform a correct calculation of the...

Supreme Court Hears Oral Argument Regarding Patentability of Business Method Claims

Posted on December 04, 2009
The Supreme Court recently heard oral argument in In Re Bilski, in which the Court will make a ruling on the limits of patentable subject matter....

Federal Circuit Clarifies Standard For Proving "Fraud" in Trademark Renewals

Posted on September 01, 2009
On August 31, 2009, the United States Court of Appeals for the Federal Circuit issued a decision holding that, in order for a trademark registration to be canceled on the basis of fraud, the party challenging the registration must prove...

426,000 Patent Applications Filed in China During First Half of 2009

Posted on August 31, 2009
The Chinese government's emphasis on boosting innovation might be proving fruitful. According to the latest statistics from the State Intellectual Property Office ('SIPO'), the government entity responsible for prosecuting patents, there were 426,000 patent applications filed and 252,000 patents granted...

Removal of UPC Codes Constitutes Trademark Infringement

Posted on August 31, 2009
On June 19, 2009, in Zino Davidoff SA v. CVS Corp., the Second Circuit enjoined CVS, a national retail chain, from removing unique production codes ("UPC") from Davidoff product packaging for its "Cool Water" fragrances on the grounds of trademark...

What Is the Jurisdictional Pre-Requisite for Copyright Litigation?: Do Denim v. Fried Denim

Posted on July 14, 2009
On June 17, 2009, Judge Laura Taylor Swain of the Southern District of New York dismissed the copyright claims of jeans maker Do Denim against rival manufacturer Fried Denim Inc., holding that the mere filing of the copyright applications, fees...

Branded: Product Placement and Video Games

Posted on July 13, 2009
Video games and feature films have a lot in common. Both tell stories and have exciting visuals and music. Although one is "interactive", recent Blu-ray HD discs are now turning linear films into more immersive, interactive experiences. Rights and talent...

Joseph Abboud Is Back: Personal Name Trademark Controversy Continues

Posted on July 13, 2009
On June 10, 2009, the Second Circuit vacated a summary judgment decision that permanently enjoined menswear designer Joseph Abboud from making commercial use of his own name. J.A. Apparel Corp. v. Abboud, No. 08-3181-cv, 2009 U.S.App. LEXIS 12537, at *3...

Related Law Bulletins

When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...

Eminent Domain in China: Private property rights law opens the door to capitalism
by Priya Prakash Royal'The revision of the property law delivers a...

Property Owner Fights Zoners Over Planned Cross On Lake Michigan
Friday's Grand Haven (MI) Tribune reports that a St. Joseph, Michi...

Eminent Domain, Fifth Amendment Property Rights, and Government Retaliation
On June 25, 2007, the Supreme Court of the United States dec...