IP Law Alert

IP Law Alert

Practical Perspectives on Intellectual Property Legal Developments

Monthly Archives: January 2012

IP Licensees and the Kodak Bankruptcy, II

Posted in Patent
Kodak's recent bankruptcy filing raises a host of issues relating to intellectual property. Foremost among these is the need for any Kodak patent licensees to diligently monitor the on-going proceedings to ensure their rights are preserved in the thousands of patents in Kodak's portfolio. Among these are some 1,150 digital imaging patents slated to be auctioned later this year… Continue Reading

IP and Chapter 11 Intersection: Kodak Files for Bankruptcy

Posted in Licensing, Patent
As anticipated, Eastman Kodak Co. filed a petition for Chapter 11 bankruptcy relief this morning in the United States Bankruptcy Court for the Southern District of New York. This development followed a recent flurry of patent infringement suits involving Kodak, and on the heels of Kodak's unrequited efforts to license or sell off its substantial intellectual property ("IP") portfolio… Continue Reading

Innovated in China: China’s Aggressive Innovation and Patent Development Policy

Posted in Patent
In 2006, the Chinese government pledged to foster future innovation in China by promoting science and technology development in key fields and enhancing innovation capacity. In the National Medium- and Long-Term Plan for Science and Technology Development (2006-2020) published by the State Council, China pledged that by 2020 research and development ("R&D") investment will exceed 2.5% of China's total GDP, and that progress of science and technology will contribute at least 60 percent to the country's development… Continue Reading

Caveat Author: Understanding Copyrights, Revisited ….

Posted in Copyright
We previously reviewed a copyright case involving Marvel and a comic book author's relinquishment of any copyrights in the iconic characters Hulk, Spiderman, the X-Men and others because the works were determined to be "for hire." Marvel Worldwide v. Kirby. In an unrelated action, Judge Forrest of the Southern District of New York recently found in favor of Marvel, in Gary Friedrich Enters., LLC v. Marvel Enters., Inc. The court ruled that the plaintiff writer, Gary Friedrich, although he indisputably conceived of the character, "Ghost Rider," and wrote the initial comic book, had ceded all rights in the character to Marvel… Continue Reading

New Jersey Trade Secrets Act Becomes Law

Posted in Trade Secret
Yesterday, Governor Chris Christie signed into law the New Jersey Trade Secrets Act, A-921/S-2456 providing state law protection against trade secret misappropriation. Prior to enactment, New Jersey was one of only four states (including New York, Massachusetts and Texas) that had not adopted some form of the Uniform Trade Secrets Act… Continue Reading

IP Law 2012: A Look Ahead . . . .

Posted in Patent, Pharmaceuticals, Trademark, USPTO
Coming off a year that included the Smith-Leahy "America Invents Act," 2012 portends to have some significant developments in IP law. Decisions for IP practitioners and industry to watch for include: the Supreme Court's decision in Caraco Pharm. Labs. Ltd. v. Novo Nordisk A/S, regarding "use codes" and section viii carve-outs under the Hatch-Waxman Act; the Supreme Court's decision in Mayo v. Prometheus, regarding patentable subject matter, post-Bilski; and the Federal Circuit's upcoming en banc decisions in McKesson and Akamai, regarding joint infringement liability… Continue Reading
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