By Kassity Liu India’s Stringent Patentability Standards Cause Corporate Dissatisfaction On February 12, the WSJ Law Blog reported that India’s standards for patentability may be leading to a lack of significant patent protection for important pharmaceutical drugs. Before 2005, India offered patent protection to processes for making pharmaceutical drugs, but no protection to the products themselves. After the patent system was extended to cover the products, a large number of multinational drug companies began to market their products in India. ... Read More...
Archive for February, 2010
Federal Circuit Affirms Infringement but Reverses Findings of Damages in Software Patent Case By Andrew Segna – Edited by Gary Pong ResQNet.com, Inc. v. Lansa, Inc., No. 2009-1030 (Fed. Cir. Feb. 5, 2010) Slip Opinion The United States Court of Appeals for the Federal Circuit, in a per curiam decision, affirmed in part, vacated in part, and remanded for further proceedings a patent infringement decision made by the United States District Court for the Southern District of New York. The ... Read More...
The Digest Staff is thrilled to announce that the newest volume of the Harvard Journal of Law and Technology, volume 23, is now available online, featuring: Timothy Holbrook, “Equivalency and Patent Law’s Possession Paradox” This paper explores the paradox of the doctrine of equivalents — that the patentee is afforded protection for that which she did not possess — and offers two possible means of reconciling it: first, that patentees should only be protected under the doctrine of equivalents for changes in technology ... Read More...
Third Circuit Panels Rule Differently on MySpace Parody Cases By Abby Lauer – Edited by Alissa Del Riego Layshock v. Hermitage School District, No. 07-4465 (3d Cir. Feb. 4, 2010) Slip Opinion Snyder v. Blue Mountain School District, No. 08-4138 (3d Cir. Feb. 4, 2010) Slip Opinion Two different Third Circuit panels handed down seemingly contradictory decisions last week after considering whether offensive parody profiles of school principals created by students using MySpace outside of school were protected by the ... Read More...
By Tyler Lacey Australian State Backpedals on Anonymous Online Political Speech Ban On February 2, Ars Technica reported that following a harsh public reaction, South Australia’s Attorney General Michael Atkinson has pledged to repeal a recently enacted law that banned anonymous online political speech. The new law is particularly controversial because it applies specifically to bloggers and online commentators, but not to online newspapers or magazines. Atkinson noted that “the blogging generation believes that the law supported by all [Members ... Read More...
