Intellectual Property & Technology Law Journal articles from May 2003

Intellectual Property & Technology Law Journal archives from May 2003

Managing patent quality.
May 1, 2003... However skilled one may be at patent writing or prosecution, achieving good results through others presents some new challenges. Management skills and lawyering skills are quite different, and patent quality management poses some unique...

Claim drafting for literal infringement.(patent infringement)
May 1, 2003... A patent gives its owner the right to exclude others from making, using, or selling products or performing services in the United States that would infringe claims of that patent. (1) To be valid, a claim must express exactly what the...

Failure to challenge plaintiff's ownership of patent in opposition to motion for summary judgment of infringement waives ownership defense. (Patents).
May 1, 2003... In a recent case, the Federal Circuit ruled that the accused infringers waived the defense that plaintiffs did not own the patent-insuit by failing to contest ownership in opposition to plaintiffs' motion for summary judgment of infringement....

Volunteer appearance of state in federal court waives Eleventh Amendment immunity for all compulsory counterclaims.
May 1, 2003... The Eleventh Amendment to the United States Constitution immunizes states from being sued in federal court. But a state wanes that immunity when it consents to federal court jurisdiction by voluntarily appearing in federal court. [Clark v....

Supreme Court rules FTDA claims require showing of actual (not merely a likelihood of) dilution.(Federal Trademark Dilution Act, Moseley v. Secret Catalogue, Inc.)
May 1, 2003... The US Supreme Court, interpreting the Federal Trademark Dilution Act (FTDA) for the first time, unanimously concluded that, to win a dilution claim, the owner of a famous trademark must prove actual dilution of its mark, not merely a...

Sixth Circuit finds use of another's trademark in domain name is infringing despite Web site disclaimer of affiliation.
May 1, 2003... Disclaimer of Affiliation Placing a disclaimer of affiliation with a trademark owner on a Web site does not remedy the initial interest confusion caused by use of that owner's trademark in the domain name for that Web site, according to a...

PTO budget and fee bill advance 21st century strategic plan.(Patent and Trademark Office)
May 1, 2003... In early February 2003, the Bush administration disclosed its 2004 budget for the US Patent and Trademark Office (PTO) and a proposed PTO fee bill designed to fund the PTO improvements set forth in the agency's 21st Century Strategic Plan....

Exceptions to E-SIGN Act undergo review at Department of Commerce.(Electronic Signatures in Global and National Commerce Act of 2000)
May 1, 2003... In 2000, Congress enacted the E-SIGN Act, or the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106229, codified at 15 U.S.C. [subsection] 7001, et seq., to encourage use of electronic records and signatures in...

Senators seek limits on DoD mining of personal data.(Department of Defense)
May 1, 2003... On January 16, 2003, two separate measures desigined to halt the development of the Defense Department's Total Information Awareness Project (TIA) were introduced in Congress. These measures would prevent the TIA project from going forward...

FTC's "do-not-call" program passes Congress and receives funding.
May 1, 2003... On February 12, 2003, the House of Representative overwhelmingly approved by a vote of 418-7 the "Do-Not-Call" Implementation Act (H.R. 395), authorizing the Federal Trade Commission's (FTC's) proposed national do-not-call registry. [See 15...

Chinese court extends copyright protection for commercial designs.
May 1, 2003... The Beijing High People's Court, which specializes in intellectual property cases, recently issued a decision extending copyright protection for the first time to works of applied art, a type of copyright subject matter akin to a design...

Russia revises patent law.
May 1, 2003... Russia has made recent amendments to its patent law intending to spur scientific and technological growth. On January 24, 2003, the Duma, Russia's lower house of Parliament, gave its approval to revise the patent law in order to conform...

Taiwanese official angry about beer dispute.(trademark dispute over "Taiwan Beer")
May 1, 2003... China has again refused to allow Taiwan Tobacco and Liquor Co. (TTL) to register its "Taiwan Beer" brand in China, angering Taiwanese lawmaker Tsai Chi-Fang. TTL's first attempt to register the trademark was in 1998, with a second application...

Venice trademarks lion logo.
May 1, 2003... The city of Venice has a new trademark logo: a one-winged, burgundy lion's face over a golden letter "V." Spurred by the success of "I Love NY" in the Big Apple, the city hopes the trademark will raise money to repair cobblestone streets,...

Software piracy carries heavy cost for US.
May 1, 2003... In February 2003, the International Intellectual Property Alliance (IIPA) released its "Special 301' anti-piracy recommendations to US Trade Representative Robert Zoellick. The recommendations identified countries that the IIPA believes...

Guatemala amends pharmaceutical patent law.
May 1, 2003... An amendment to Guatemala's pharmaceutical intellectual property law delaying the further application of TRIPs-compliant patent laws until January of 2005 passed into law on February 12, 2003. TRIPs requires that developing nations, such as...