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ARTICLE · 28 DECEMBER 2012

IP Buzz - December 2012

Venable LLP
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The Supreme Court recently heard oral arguments concerning the global reach of domestic copyright law.

United StatesIntellectual Property

Edited by Martin L. Saad, Meaghan Hemmings Kent and Elissa Brockbank Reese

IP LEGAL NEWS AND UPDATES

Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales

Matthew R. Farley

The Supreme Court recently heard oral arguments concerning the global reach of domestic copyright law. At issue in Kirtsaeng v. John Wiley & Sons is the first sale doctrine, which permits the owner of a copyrighted item to resell, rent, or otherwise distribute the physical item once it has been initially purchased. The case specifically involves the interplay of the first sale doctrine with a provision of the Copyright Act making it unlawful to import copyrighted works acquired abroad without permission from the copyright owner.

Supreme Court to Consider Whether (Isolated) Human Genes are Patentable 

Fabian M. Koenigbauer and  Lars H. Genieser, Ph.D.

On November 30, 2012, the U.S. Supreme Court agreed to decide a case presenting the seemingly simple, but legally complex, question, "Are human genes patentable?" After Bilski v. Kappos, 130 S. Ct. 3218 (2010) and Mayo Collaborative Services v. Prometheus Laboratories Inc., 132 S. Ct. 1289 (2012), this grant of certiorari represents the third time in recent years that the Supreme Court will assess the scope of patentable subject matter under 35 U.S.C. § 101.

What Colour is Your Trademark? - The US Approach Jacqueline Levasseur Patt and  Janet F. Satterthwaite published "What Colour is Your Trademark? - The US Approach" in the December 2012 edition of House Marques.

Please click here to view the full text of this article.

NuWave Over-Cooks IP Lawsuit vs. Super Wave 

Gregory J. Sater published "NuWave Over-Cooks IP Lawsuit vs. Super Wave" in the Decemeber 4, 2012 issue of DRMA Voice, Response Magazine.

  Please click here to view the full text of this article.

ANNOUNCEMENTS AND REMINDERS

2013 Anti-Counterfeiting & Brand Protection West Coast

January 28-30, 2013
Millbrae, CA

Justin E. Pierce will speak on the panel entitled "Grey Market Considerations: Understanding the Impact of Judicial Decisions in Recent Cases on Your Supply Chain" on January 29 at 11:15 a.m. (PST).

Marcella Ballard, along with other industry professionals, will speak on a panel called "Getting Company Buy-in to Ensure Sufficient Budget and a Strategic Approach to Brand Protection" on January 30 at 9:45 a.m. (PST).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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