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Let the Patent Continuations Go On
Proposed rules by the Patent and Trademark Office to cut down on continuations would decrease in investment, innovation and commercialization of inventions.Copyright Law Gives Mobile Users New Freedom With Legally Unlocked Cell Phones
For years, the mobile phone industry applied the Digital Millennium Copyright Act to create software locks that control user access to particular firmware in a mobile phone. Consequently, a mobile telecommunications provider could effectively prevent a user from switching a phone to a competitor's network. But late last year, acting under a DMCA provision, the Librarian of Congress changed that. Timothy C. Meece and Aseet Patel of Banner & Witcoff examine the DMCA exemption.Former Managing Partner of Brobeck's D.C. Office Exits Firm
Brobeck, Phleger & Harrison is losing another partner, as intellectual property attorney Rodger Tate prepares to join Richmond, Va.-based Hunton & Williams next month. Tate was managing partner of Brobeck's Washington, D.C., office until he submitted his resignation two weeks ago. With his departure, the D.C. office will have two IP associates.Judge OKs Antitrust Action Against Huggies Manufacturer
Paper products giant Kimberly-Clark must answer claims that it attempted to monopolize the markets for disposable baby diapers and training pants now that a federal judge has refused to dismiss allegations that it maintained a dominant market share by fraudulently procuring patents and waging "sham" patent lawsuits.Fair Use Fears Over Federal Circuit Ruling
A bevy of law professors -- along with library and computer industry groups -- are worried about a court ruling they say could undermine fair use of copyrighted material. They are upset about a Federal Circuit U.S. Court of Appeals decision that allows shrink-wrap license agreements to ban reverse engineering of software products. Boalt Hall professor Mark Lemley filed a brief on behalf of the amici asking the Federal Circuit U.S. Court of Appeals to clarify its "sweeping language."Nike's Covenant Not to Sue Ends Court's Jurisdiction in Trademark Suit
Addressing a question of first impression, the Second Circuit found last week that a covenant covering future as well as past alleged infringement ends the controversy between plaintiff Nike and Yums, whose counterclaims were dismissed.Rule Row: New Guidelines Released for Patent Appeals
When the Board of Patent Appeals and Interferences released new guidelines for appeals briefs last week, Chief Administrative Patent Judge Michael Fleming said the new rules would "streamline the appeals process." But some patent litigators say the guidelines will instead add to the burden of applicants and could have a chilling effect.Patent Litigation Survey: The Busiest Firms Overall
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