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Audiobooks can be rented without publisher's consent: first sale exception does not apply
January 26, 2007
Post by Blog Staff
Today the Sixth Circuit considered an issue that has not yet been addressed by any other United States Court of Appeal: whether the record rental exception to copyright law's first sale doctrine codified in 17 U.S.C. § 109(b)(1)(A) applies to all sound recordings or only to recordings of musical works. A divided panel held that the exception only applies to musical recordings, not audiobooks, potentially cle.......
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Walker Process antitrust claim reinstated: threats to sue competitor's customers sufficient
January 26, 2007
Post by Blog Staff
In Hydril Co. v. Grant Prideco, Inc., the Federal Circuit reinstated a Walker Process antitrust claim the lower court had dismissed. A Walker Process claim can arise when a patent holder, knowing that its patent was obtained through fraud, still attempts to enforce the patent. This type of claim is named after the Supreme Court case where it was first described as a valid claim under United States antitrust laws.......
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University Can't Have Its Cake and Eat It Too - Immunity Negated
January 25, 2007
Post by Blog Staff
The University of Missouri's waived its constitutional immunity under the Eleventh Amendment when it fully participated in an interference action against Vas-Cath, Inc. A Vas-Cath patent had issued while the University's application, although filed before the Vas-Cath application, was still pending. The University invoked the procedures to institute an interference between the University's pending .......
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TTAB now allows citation of nonprecedential opinions
January 24, 2007
Post by Blog Staff
In a notice posted in the USPTO Official Gazette yesterday, the TTAB has changed its rules, now allowing citation to TTAB decisions designated non-precedential. Under the former rule, any non-precedential decisions cited before the TTAB were disregarded. Now, while only opinions designated as precedential are binding on the TTAB, a non-precedential opinion "may be cited for whatever persuasive value it might hav.......
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Federal Circuit proposes revised circuit rules
January 23, 2007
Post by Blog Staff
The Federal Circuit Court of Appeals has proposed changes to its Circuit Rules. The revised rules would require parties, in addition to filing paper copies of briefs and appendices, to also file the briefs and appendices in electronic form unless counsel certifies that filing an electronic copy would not be practical or constitute hardship. The purpose of the new rule is to facilitate posting of the briefs and a.......
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Cisco's General Counsel blogs about dispute with Apple over iPhone trademark
January 23, 2007
Post by Blog Staff
In an interesting PR move, Mark Chandler, Senior Vice President and General Counsel of Cisco Systems, has posted an informative description of the Apple-Cisco iPhone trademark lawsuit on one of Cisco's blogs. Commentary on the blog, while mixed, appears to be predominantly positive, particularly by those who did not understand Cisco's legal position when the lawsuit was announced. This could be a foresha.......
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Ketchup makers battle over rights to "red zone"
January 22, 2007
Post by Blog Staff
Ketchup giant Heinz and rival ketchup maker Red Gold are embroiled in a trademark dispute over the right to use "Red Zone" in promotions associated with football games. In football, the red zone is the common name of the area between the 20-yard line and the end zone, and a team's offense is often measured by how well they perform once they enter into the opponent's red zone. Red Go.......
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University of Texas sues over use of "sawed-off" horns logo
January 22, 2007
Post by Blog Staff
The University of Texas has sued Aggieland Outfitters, a retailer in College Station, Texas (home of rival university Texas A&M) over its use of a modified version of the Texas Longhorns logo. The original logo and the modified version appear below: The retailer has been selling merchandise bearing the "sawed off" logo since 1997, but Texas did not object until it filed suit on December 4, 20.......
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"Critical" ratio in claim does not get the benefit of the doctrine of equivalents
January 19, 2007
Post by Blog Staff
Today's lesson from the Federal Circuit: be careful not to make a claim limitation "critical," or you may lose the benefit of the doctrine of equivalents for that element. The court found that the claimed weight ratio of two drugs was critical in part because other claims recited a range of ratios, but the claim at issue simply recited a specific ratio, "about 1:5." The court stated that permitting infringement.......
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Appeals Court holds Transclean Corporation to its stated position
January 18, 2007
Post by Blog Staff
The United States Court of Appeals for the Federal Circuit decided in Transclean v. Jiffy Lube that Transclean should be bound by its repeated statements proffered during the course of litigation and not be allowed to take a contrary position during a second phase of litigation. Transclean is the sole licensee of U.S. Patent No. 5,318,080 that is directed to an apparatus for changing automatic transmission fluid........
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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