2003 Articles

Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman December 2003 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.

Coming to a state court near you! Could patent infringement matters really end up in state court? By Steven McMahon Zeller December 2003 Since the creation of the United States Court of Appeals for the Federal Circuit more than 20 years ago, it was taken for granted that an appeal in any patent litigation case could only be taken to that court.

“Common Law” trademark protection in Japan? By Jiri M. Mestecky & Koya Uemura August 2003 There is a common misperception among intellectual property attorneys and businesspeople in "common law" countries, such as the United States, that "civil law" countries, such as Japan, France, Germany and others, provide little or no protection for unregistered trademarks.

Outline of three recent Supreme Court decisions on patent law (and more) By Eugene F. Friedman August 2003 I. Utility patents for plants--J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (2001)

Short items December 2003 The Copyright Office and the Patent and Trademark Office delivered a report, "The Vessel Hull Design Protection Act: Overview and Analysis," to Congress on November 3.

Trade secret train wreck: How “clickety-clack” transformed a simple idea into a protectable and profitable trade secret By Steven L. Baron & Kristin L. Lingren December 2003 A recent Seventh Circuit opinion suggests that in Illinois, a protectable trade secret may now encompass ideas conceived in an "intuitive flash of creativity" and developed with a monetary investment of less than $1.

Intellectual Property

2003 Articles