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Intellectual Property News

[07/09] German zoo files suit over polar bear Knut's loot
[07/14] eBay beats Tiffany in court case over trademarks
[07/10] Japan to scrap iPod copyright fee
[07/08] Game maker tries to legitimize Facebook Scrabble
[07/07] Digital threat prompts movie industry downgrade

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Intellectual Property Articles

Nondisclosure Agreements

A nondisclosure agreement -- also called an NDA or a confidentiality agreement -- is a contract in which the parties promise to protect the confidentiality of secret information that is disclosed during employment or another type of business transaction. If you make a nondisclosure agreement with someone who uses your secret without authorization, you can request a court to stop the violator from making any further disclosures and you can sue for damages.

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What laws offer protection to trademark owners?

The basic rules for resolving disputes over who is entitled to use a trademark come from decisions by federal and state courts (the common law). These rules usually favor the business that first used the mark where the second use would be likely to cause customer confusion. A number of additional legal principles used to protect owners against improper use of their marks derive from federal statutes known collectively as the Lanham Act (Title 15 U.S.C. §§1051 to 1127). And all states have statutes that govern the use and protection of marks within the state's boundaries.

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Intellectual Property Case Summaries

[07/24] Bd. of Regents of the Univ. of Texas Sys. v. BENQ Am. Corp.
In an infringement suit over a patent on a system for recognizing words entered on a standard touch-tone telephone keypad, summary judgment for defendants is affirmed where: 1) the district court properly construed claim terms involving "syllabic elements"; and 2) based on those constructions, no genuine issues of material fact existed on the question of infringement.

[07/21] Eisai Co. Ltd. v. Dr. Reddy's Lab., Ltd.
In a patent case involving a class of drugs known as proton pump inhibitors, summary judgment for plaintiff ruling that its patent was enforceable is affirmed where defendants failed to present sufficient evidence to establish that: 1) the patent in dispute was invalid for obviousness; or 2) plaintiffs had engaged in inequitable conduct by attempting to deceive the Patent Office.

[07/16] Serdarevic v. Advanced Med. Optics, Inc.
In a suit seeking correction of inventorship and raising state law claims for unjust enrichment and fraud, summary judgment for defendants is affirmed where: 1) the presumption of laches applied since plaintiff delayed more than six years after she knew of the issuance of the patents; 2) plaintiff failed to rebut the presumption of laches; 3) plaintiff failed to identify conduct that gave rise to an unclean hands defense; 4) unjust enrichment claims failed as defendants had assigned the patents more than six years before plaintiff's complaint; 5) claims for fraud were time barred; and 6) there was no abuse of discretion in denying plaintiff's Rule 56(f) motion.

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Frequently Asked Questions

How do copyrights, patents, and trademarks differ?

What are the advantages of registering a copyright?

What is "work made for hire"?

When is copying something allowed under copyright law?

Who owns the patent on an invention created by a person as part of his or her job?

Is it necessary to hire a lawyer to submit a patent application?

What is a Provisional Patent Application?

When can the decor of a restaurant be protected under trade dress law?

How can a business prevent an employee from stealing trade secrets when the employee leaves the company?

What kinds of marks cannot be registered as federal trademarks?

Learn More: Intellectual Property Law

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