What's new in intellectual property; business is booming in copyright, trademark and patent law

Article Abstract:

The practice of intellectual property law does not seem to be affected by the recession and promises to be the fastest growing practice area of the 1990s. Many law firms are establishing or adding to intellectual property divisions. Patent law can be described as countercyclical, since businesses try to hold onto what they have in bad economic times. Computer software cases are one area of this law still in flux, with courts struggling to differentiate expressions of ideas which can be copyrighted from software ideas which cannot. Reverse engineering is one controversial area of computer software law.

Interpretation and construction, Attorneys, Intellectual property, Copyrights, Legal specialization

---

Ruling cuts jury's role in patent cases: critic claims opinion elevates generalist judges to 'super-scientists.'

Article Abstract:

The US Circuit Court of Appeals for the Federal Circuit made a ruling in Markman v. Westview Instruments that could have a broad impact on patent litigation because it excludes jury panels from patent interpretation. The decision has been criticized for increasing judges' workloads by requiring them to obtain the necessary knowledge, making trial lawyers' training in preparing juries obsolete and possibly violating the Seventh Amendment. However, reform efforts have included proposals for removing jurors or using specialized juries in these cases.

Other Justice, Public Order, and Safety Activities, Patent Law, Right to trial by jury, Jury, Juries, Patent practice

---

A page of copyright history: a New York judge rejects West's claim for pagination protection

Article Abstract:

US District Court Judge John Martin, Jr. of New York granted Matthew Bender's summary judgment motion in the publisher's suit against West Publishing Co. regarding West's claimed copyright protection of its pagination system. West and parent Thomson Corp. plan to appeal the ruling, though they must also face additional battles before Judge Martin. Matthew Bender and other legal publishers have argued that West's pagination is not sufficiently original or creative to warrant intellectual property protection.

Book publishing, Book Publishers, Law Books, Legal literature, Copyright infringement, Pagination, Law reports, digests, etc., Law digests

Similar abstracts:

• Abstracts: Rewards versus intellectual property rights. Legal fee restrictions, moral hazard, and attorney rents. An empirical test of the offset hypothesis
• Abstracts: DNA, changed testimony gain acquittal; special prosecutor, FBI investigating controversial Illinois murder prosecution
• Abstracts: Recent changes in the tax laws affecting multinational corporations in certain trading partners of the United States
• Abstracts: IRS clears question on structured payouts; more defendants might be willing to settle. part 2 FBI mole's digging pushes privilege issues to surface; will Archer-Daniels-Midland be successful at invoking attorney-client privilege to protect internal documents?
• Abstracts: States take up 'speedy' uniform adoption law; critics say model act restricts the rights of biological parents

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.