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Fallout From The Bilski Decision: The Patentability of Diagnostic Methods In The United States (Shelston IP)
  • We have recently reported on the long-awaited decision of the United States Supreme Court in Bilski, which amongst other things, upheld the "machine or transformation" test as an "important tool" in determining patentable subject matter
  • Amendments To Alberta's Health Information Act Come Into Force On September 1, 2010 (Stikeman Elliott LLP)
  • Recent amendments to Alberta’s Health Information Act, and related regulations, come into force on September 1, 2010.
  • New Zealand - What Does "Local Novelty" Really Mean? (Shelston IP)
  • New Zealand is one of the few developed countries that retains a "local novelty" provision in its patents legislation. When assessing the patentability of an application, local novelty disregards any publication or use outside that particular jurisdiction. This, in theory, allows patent applicants to file in New Zealand after overseas publication, use, sale, or even the expiry of the 12-month Paris Convention period.
  • Specialized Seating, Inc. v. Greenwich Indus., LP 2010 WL 3155922 (7th Cir. Aug. 11, 2010) (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP)
  • The Seventh Circuit affirmed the district court’s ruling that the declaratory-judgment defendant’s registered design for an x-frame chair was functional and thus unprotectable.
  • 'Hot News' And News Organizations: Rights and Responsibilities (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP)
  • In this article Finnegan partner, Lawrence R. Robins, analyzes Barclays Capital Inc. v. THEFLYONTHEWALL.COM decision and discusses the implications for newspapers in protecting the value of their newsgathering.
  • What You Need to Know About Intellectual Property (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP)
  • Furniture retailers confront copyright, trademark, and other intellectual property (IP) issues on a daily basis.
  • Saul Zaentz Co. v. Bumb, Opp. No. 91156452 (TTAB June 28, 2010) (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP)
  • Opposer’s opposition to Applicant’s registration of the mark MITHRIL for jewelry was sustained by the TTAB on the ground that Applicant lacked a bona fide intent to use the mark in commerce.
  • Mag Instrument, Inc. v. Brinkmann Corp., Opp. No. 91163534 (TTAB July 28, 2010) (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP)
  • The TTAB sustained each of three oppositions in a consolidated proceeding between competing flashlight manufacturers.
  • Federal Circuit Rules in Favor of Broad Standing for False Patent Marking Claims (Morgan Lewis)
  • Earlier today, the Court of Appeals for the Federal Circuit reversed the district court’s dismissal of the relator’s claims in Stauffer v. Brooks Bros., Inc., No. 2009-1428.
  • Visa Int'l Serv. Ass'n v. JSL Corp., 95 USPQ2d 1571 (9th Cir. June 28, 2010) (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP)
  • The Ninth Circuit Court of Appeals affirmed the district court’s grant of summary judgment to plaintiff on its claim that defendant’s eVISA mark used for a "multilingual education and information business" diluted plaintiff’s famous VISA mark for credit/debit-card services.