No Permission Needed to Copyright a Derivative Work By Adrienne Baker – Edited by Ian C. Wildgoose Brown Schrock v. Learning Curve Int’l, No. 08-1296 (7th Cir. Sep. 9, 2009) Opinion On November 5, the Court of Appeals for the Seventh Circuit reversed and remanded a decision of the District Court for the Northern District of Illinois, which had ruled that copyright for a derivative work requires permission from the underlying copyright holder to be valid. The district court’s ruling ... Read More...

Stanford University Patent Infringement Case Is Dismissed and University Learns Lesson in Drafting Assignment Agreements By Adrienne Baker – Edited by Anthony Kammer Bd. of Trs. v. Roche Molecular Sys., Inc., 2008-1509, -1510 (CAFC Sept. 30, 2009) Opinion On September 30, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed in part, vacated in part, and remanded with instructions the District Court for the Northern District of California decision. The lower court’s decision held several Stanford University patents invalid ... Read More...

CAFC Requires a Clear and Convincing Intent to Deceive By Adrienne Baker – Edited by Stephanie Young In re Bose Corp., No. 2008-1448, 2009 WL 2709312 (Fed. Cir., Aug. 31, 2009). Opinion On August 31, the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the Trademark Trial and Appeal Board (“TTAB”) decision, which ruled that fraud is committed when a registrant or applicant makes material misrepresentations it knows or should have known to be false or misleading.  ... Read More...