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ARTICLE · 28 OCTOBER 2010

Intellectual Property - 2010 Fall Bulletin

Fenwick
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On September 10, 2010, the U.S. Court of Appeals, Ninth Circuit issued a much-awaited ruling on appeal in Vernor v. Autodesk, No. 09-35969, 2010 U.S. App. LEXIS 18957, addressing whether software purchasers are owners or licensees of the copies of the software in their possession.

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Contents

  • Ninth Circuit Rules on Software Transfers in Vernor v. Autodesk
  • The Tortoise, the Hare, and the Status Quo
  • Quick Updates
  • New Fraud Standard for Trademark Cases Addressed by the USPTO
  • Copyright Registration: Cheap Thrill, Big Benefits
  • EPA Regulations Change, Limiting Trade Secret Protection of Chemicals
  • The Federal Circuit Rejects Attempt to Narrow Standing Requirements For False Patent Marking Claims under 35 U.S. C. § 292

Ninth Circuit Rules on Software Transfers in Vernor v. Autodesk
 By Jennifer Stanley And Mitchell Zimmerman

On September 10, 2010, the U.S. Court of Appeals, Ninth Circuit issued a much-awaited ruling on appeal in Vernor v. Autodesk, No. 09-35969, 2010 U.S. App. LEXIS 18957, addressing whether software purchasers are owners or licensees of the copies of the software in their possession. The court held that "a software user is a licensee rather than an owner of a copy of the software where the copyright owner (1)

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