The newsletter of the ISBA’s Section on Intellectual Property Law
Browse articles by year: 2013 (17)
Newsletter articles from 2010
7th Circuit’s trade dress regrets
Attorneys should keep the Jay Franco & Sons, Inc. v. Clemens Franek case in mind when approached by a client about protecting product design trade dress.
Discovering Electronically Stored Information (ESI): Self-Reliance and FRCivP 26*
Federal Rule of Civil Procedure 26 (b)(2)(B) now requires an early conference among attorneys to discuss and plan discovery, including Electronically Stored Information (ESI). Attorneys cannot simply delegate to clients or commercial services the responsibility of understanding ESI and ESI discovery planning. The attorney has a non- delegable responsibility to know, not only traditional discovery relevance but also enough about email, computers, file archiving, the client’s business, and human nature to competently supervise others. This article presents an efficient procedure for self-reliant attorneys and firms to successfully manage the ESI discovery process. Guidelines are presented for both Macintosh and Windows computers.
Google Books: The future is now?
The case of The Author’s Guild, et al. v. Google, Inc. will go a very long way in deciding how society as a whole makes its tentative way down the path of an increasingly technological terrain.
Sad Sap $1.65b verdict favoring Oracle for admitted copyright liability. Judge should refer even clearly meritless mandamus writ when his spouse is on defendant's board (In re Specht, trademark suit). Baha'i organizational divorce 40 years later, where's the contempt. Judge Posner clarifies "exceptional Lanham Act cases."
NDIL adopts Local Patent Rules
The Local Patent Rules apply to all cases filed in or transferred to the district after October 1, 2009 involving a claim of utility patent infringement, non-infringement, invalidity, or unenforceability.
No just desserts for jus tertii defense in Illinois
A review of the landmark case of The Jim Mullen Charitable Foundation v. World Ability Federation, in which a jus tertii defense used in a trademark infringement case is rejected for the first time in Illinois.
Supreme Court ruling leaves window open for business method patents
This past June, the Supreme Court issued the much-anticipated opinion in Bilski et al. v. Kappos. The 5-4 majority opinion held the claims of the patent application at issue were directed to an abstract idea and therefore were not patentable under 35 U.S.C. Section 101.
The value of strategic counsel
Laypeople do not understand the nuances of trademark law, and the U.S. Patent and Trademark Office Web site does not do those people a service by making it appear easy to do it themselves.