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October 17, 2006 | Law.com

Claire's Boutiques Splits Hairs Over Patented Hair Accessory

Accessory mega-chain Claire's Boutiques had a bad hair day in Manhattan federal court recently as a judge found it to be in breach of contract for failing to pay royalties for the use of a patented hair piece design. After an initial deal was signed with Iowa-based Pony Pal, Claire's was to produce and sell the item, paying royalties on each sale. Claire's refused to pay royalties, and the adversaries soon were battling over details as specific as the meaning of the term "end" in the original patent.
4 minute read
July 28, 2009 | Law.com

Federal Judge Shoots Down 'Fair Use' Defense in Music Download Trial

On Monday, a few hours before jury selection in a high-profile Boston copyright infringement case in which several record companies and the Recording Industry Association of America are suing Massachusetts college students for illegal Internet music downloads, a federal district court judge shot down one of the defense team's key legal theories. The judge wrote that defendant Joel Tenenbaum couldn't cite fair use, the legal use of copyrighted works under certain circumstances, during the trial.
3 minute read
June 15, 2012 | National Law Journal

Federal Circuit: Judge must determine recklessness for willful infringement finding

A divided panel of the U.S. Court of Appeals for the Federal Circuit has vacated a $371.2 million damages award, ruling that a judge must make an objective determination of recklessness in order to find willful patent infringement.
6 minute read
August 14, 2008 | Law.com

Extinct? Hardly

For more than a decade, IP specialty firms were said to be dinosaurs destined to die out in a changing climate. Despite years of such news, however, many IP boutiques still thrive. Large IP specialty firms have more than held their own, even in high-stakes patent litigation. Many smaller IP boutiques are growing, helped by increasingly cost-conscious clients. And there is little sign of total destruction.
11 minute read
March 25, 2010 | Corporate Counsel

Full Federal Circuit Holds Written Description and Enablement Are Separate Requirements

The U.S. Court of Appeals for the Federal Circuit has issued an en banc decision upholding an earlier ruling that patent applications must contain a specific "written description" of the claimed invention in addition to enabling language explaining how to make and use the invention.
4 minute read
October 05, 2005 | Law.com

Copyright Law Put to Test in Google Case

A lawsuit challenging Google's latest effort to digitize library books and make them searchable on the Internet will push intellectual property laws to their limit, say many copyright attorneys. The Google case could set a precedent in terms of how far copyright laws will bend to meet the demands of technology, says one specialist. "This is another one of the great cases over the last 10 to 15 years where technology is really trying to find its niche among the intellectual property rights laws."
4 minute read
August 21, 2008 | Law.com

Have IP Boutiques Gone Extinct? Hardly

When patent litigator John Gallagher left his IP boutique for a general practice firm he predicted "few if any IP boutiques [will be] around" in the future. Similar predictions have been made for more than a decade: IP specialty firms faced extinction like dinosaurs destined to die out in a changing climate. Yet many IP boutiques thrive. Large IP specialty firms more than hold their own, even in high-stakes litigation. And small IP boutiques are growing, helped by increasingly cost-conscious clients.
12 minute read
June 03, 2008 | Law.com

Stem Cell Gold Rush

Robert Klein convinced Californians to part with $3 billion of their taxes to fund stem cell research. Proposition 71, the state referendum he championed, was handily passed by state voters in 2004, creating the largest source of embryonic stem cell funding in the world. Klein, a Stanford-educated lawyer, transformed himself into a full-time medical research activist from a real estate investment banker after his son Jordan was diagnosed with juvenile diabetes in 2001. Now he's the chairman of the Independent Citizens Oversight Committee (ICOC), the 29-member body that oversees the California Institute for Regenerative Medicine (CIRM), the state agency created by his proposition.
10 minute read
June 25, 2012 | National Law Journal

MOVERS

Kelli Moll joins Akin Gump as partner and leader of the firm's hedge-fund practice in the New York office. Plus more law firm movers in this week's column.
3 minute read
September 25, 2000 | Law.com

The IP Buildup

When it comes to major intellectual property cases and big-time clients, East Coast lawyers have just as much silicon coursing through their veins as do lawyers on that other coast. General practice law firms are bolstering their IP departments -- even Boston-based Hale and Dorr, which had already been regarded as one of the top technology law firms in the country.
6 minute read

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