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Featured Article »
Don’t Miss The Administrative Law Review’s Annual Symposium on Tuesday, April 16!
Don’t Miss The Administrative Law Review’s Annual Symposium on Tuesday, April 16!
April 15, 2013 By Sarah Leggin | 7063One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F15%2Fdont-miss-the-administrative-law-reviews-annual-symposium-on-tuesday-april-16%2FDon%27t+Miss+The+Administrative+Law+Review%27s+Annual+Symposium+on+Tuesday%2C+April+16%212013-04-15+15%3A24%3A51Sarah+Legginhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7063

The ABA-sponsored Administrative Law Review housed at The American University Washington College of Law is hosting its annual symposium: Lessons from Broadcast Regulation for the Twenty-First Century on Tuesday, April 16, 2013 from 9:00 AM to 2:00 PM at WCL.

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Featured »
  • Bowman Decision a Win for Big Business
    Bowman Decision a Win for Big Business
    May 19, 2013 By Marcus Childress | 72311http%3A%2F%2Fwww.ipbrief.net%2F2013%2F05%2F19%2Fbowman-decision-a-win-for-big-business%2FBowman+Decision+a+Win+for+Big+Business2013-05-19+20%3A24%3A07Marcus+Childresshttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7231
  • Supreme Sues Married to the Mob for $10 Million
    Supreme Sues Married to the Mob for $10 Million
    May 18, 2013 By Mark Patrick | 72190http%3A%2F%2Fwww.ipbrief.net%2F2013%2F05%2F18%2Fsupreme-sues-married-to-the-mob-for-10-million%2FSupreme+Sues+Married+to+the+Mob+for+%2410+Million2013-05-18+04%3A00%3A25Mark+Patrickhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7219
  • Appropriating Sid Vicious
    Appropriating Sid Vicious
    May 17, 2013 By Winnie Leonardo-Pereira | 72150http%3A%2F%2Fwww.ipbrief.net%2F2013%2F05%2F17%2Fappropriating-sid-vicious%2FAppropriating+Sid+Vicious2013-05-17+04%3A00%3A39Winnie+Leonardo-Pereirahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7215
  • Chick-Fil-A’s ‘Eat Mor Chikin’ Trumps Kale-Promotion Slogan
    Chick-Fil-A’s ‘Eat Mor Chikin’ Trumps Kale-Promotion Slogan
    April 29, 2013 By Shannon Schoultz | 72114http%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F29%2Fchick-fil-as-eat-mor-chikin-trumps-kale-promotion-slogan%2FChick-Fil-A%E2%80%99s+%E2%80%98Eat+Mor+Chikin%E2%80%99+Trumps+Kale-Promotion+Slogan2013-04-29+11%3A41%3A50Shannon+Schoultzhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7211
  • Oxycontin and the Implications of Pay-For-Delay
    Oxycontin and the Implications of Pay-For-Delay
    April 28, 2013 By Lana Khoury | 72063http%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F28%2Foxycontin-and-the-implications-of-pay-for-delay%2FOxycontin+and+the+Implications+of+Pay-For-Delay+2013-04-28+04%3A01%3A10Lana+Khouryhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7206
  • Oh, That’s Different … Never mind: USPTO Withdraws Ruling that IPAD MINI is “Merely Descriptive”
    Oh, That’s Different … Never mind: USPTO Withdraws Ruling that IPAD MINI is “Merely Descriptive”
    April 26, 2013 By Tamara Winegust | 72021http%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F26%2Foh-thats-different-never-mind-uspto-withdraws-ruling-that-ipad-mini-is-merely-descriptive%2FOh%2C+That%E2%80%99s+Different+...+Never+mind%3A+USPTO+Withdraws+Ruling+that+IPAD+MINI+is+%E2%80%9CMerely+Descriptive%E2%80%9D2013-04-26+11%3A27%3A33Tamara+Winegusthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7202
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Daily Blog, Featured, Patents »

Bowman Decision a Win for Big Business
May 19, 2013 By Marcus Childress | 7231One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F05%2F19%2Fbowman-decision-a-win-for-big-business%2FBowman+Decision+a+Win+for+Big+Business2013-05-19+20%3A24%3A07Marcus+Childresshttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7231

Do second-generation soybean seeds deserve the same patent rights as their predecessors?   Or should the conditional sale doctrine be considered when investigating soybean patent rights rather than the doctrine of patent exhaustion?  The Supreme Court tackled these questions while exploring the intricacies of the soybean farming industry when hearing a case between the Monsanto Company and a small farmer named Vernon Bowman.  On February 19, American University’s Washington of College of Law also hosted post argument discussions with counsel and representatives from both sides.

Representing Monsanto, Paul Wolfson of Wilmer Cutler Pickering Hale and Dorr presented the consequences of not recognizing patent rights to self-replicating technologies such as soybean seeds.  The core of Wolfson’s argument was that companies spend tremendous amounts of money on research and development for self-replicating technologies, and if the U.S. does not grant patent protection to the naturally occurring second generations, then research will decline.  Wolfson stated Monsanto has no other option than to charge each use of the seeds because “there [was] no possible way to recoup investment equal to charging off the very fist bag.”  Monsanto and Wolfson both recognized that research costs are astronomical, and by allowing farmers to plant second-generation seeds free of charge, Monsanto would never be able to recoup their research expenses.

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Supreme Sues Married to the Mob for $10 Million
May 18, 2013 By Mark Patrick | 7219No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F05%2F18%2Fsupreme-sues-married-to-the-mob-for-10-million%2FSupreme+Sues+Married+to+the+Mob+for+%2410+Million2013-05-18+04%3A00%3A25Mark+Patrickhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7219
Supreme Sues Married to the Mob for $10 Million

Supreme, one of the most coveted skate-inspired clothing brands, is suing women’s clothing brand Married to the Mob and its founder Leah McSweeney for trademark infringement to the tune of $10 million.

Appropriating Sid Vicious
May 17, 2013 By Winnie Leonardo-Pereira | 7215No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F05%2F17%2Fappropriating-sid-vicious%2FAppropriating+Sid+Vicious2013-05-17+04%3A00%3A39Winnie+Leonardo-Pereirahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7215
Appropriating Sid Vicious

Mr. Brainwash’s works recently joined the increasing number of cases on appropriation art after photographer Dennis Morris sued the street artist for use of his 1977 picture of Sid Vicious.

Chick-Fil-A’s ‘Eat Mor Chikin’ Trumps Kale-Promotion Slogan
April 29, 2013 By Shannon Schoultz | 72114 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F29%2Fchick-fil-as-eat-mor-chikin-trumps-kale-promotion-slogan%2FChick-Fil-A%E2%80%99s+%E2%80%98Eat+Mor+Chikin%E2%80%99+Trumps+Kale-Promotion+Slogan2013-04-29+11%3A41%3A50Shannon+Schoultzhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7211
Chick-Fil-A’s ‘Eat Mor Chikin’ Trumps Kale-Promotion Slogan

This is the story of a Vermont-based artist’s attempt to register “Eat more kale” as a trademark. His efforts have been thwarted by Chick-Fil-A Inc. fast-food chain. Robert Muller-More was informed by US Patent and Trademark Office that his mark was likely to be confused with the chain’s “eat mor chikin” mark.

Oxycontin and the Implications of Pay-For-Delay
April 28, 2013 By Lana Khoury | 72063 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F28%2Foxycontin-and-the-implications-of-pay-for-delay%2FOxycontin+and+the+Implications+of+Pay-For-Delay+2013-04-28+04%3A01%3A10Lana+Khouryhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7206
Oxycontin and the Implications of Pay-For-Delay

The Food and Drug Administration’s recent decision, which reasoned that the drug posed public health and safety concerns, creates serious patent implications with regard to generic drugs.

Oh, That’s Different … Never mind: USPTO Withdraws Ruling that IPAD MINI is “Merely Descriptive”
April 26, 2013 By Tamara Winegust | 7202One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F26%2Foh-thats-different-never-mind-uspto-withdraws-ruling-that-ipad-mini-is-merely-descriptive%2FOh%2C+That%E2%80%99s+Different+...+Never+mind%3A+USPTO+Withdraws+Ruling+that+IPAD+MINI+is+%E2%80%9CMerely+Descriptive%E2%80%9D2013-04-26+11%3A27%3A33Tamara+Winegusthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7202
Oh, That’s Different … Never mind: USPTO Withdraws Ruling that IPAD MINI is “Merely Descriptive”

On April 3rd, 2013 the USPTO withdrew its initial rejection of Apple, Inc.’s application for federal trademark protection of the term IPAD MINI for being “merely descriptive.”

The Effects of “Isolation”: Will the Supreme Court be convinced that “isolated” genes are patent eligible?
April 25, 2013 By Kristin Lockhart | 71972 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F25%2Fthe-effects-of-isolation-will-the-supreme-court-be-convinced-that-isolated-genes-are-patent-eligible%2FThe+Effects+of+%E2%80%9CIsolation%E2%80%9D%3A++Will+the+Supreme+Court+be+convinced+that+%E2%80%9Cisolated%E2%80%9D+genes+are+patent+eligible%3F++2013-04-25+04%3A01%3A01Kristin+Lockharthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7197
The Effects of “Isolation”:  Will the Supreme Court be convinced that “isolated” genes are patent eligible?

The Supreme Court will decide in June just how much human manipulation is involved in “isolated” gene sequences.

Vringo Seeking Royalty Rate Increase
April 24, 2013 By Melissa Grosett | 71938 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F24%2Fvringo-seeking-royalty-rate-increase%2FVringo+Seeking+Royalty+Rate+Increase2013-04-24+04%3A01%3A56Melissa+Grosetthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7193
Vringo Seeking Royalty Rate Increase

Vringo Inc. is appealing a federal court decision awarding it damages and future royalties from its suit against Google, AOL, and other companies for patent infringement, seeking an increase on the dollar amount awarded and an increase in the running royalty rate.

Facebook Added A New Event To Its Timeline: The Timeline Trademark Trial
April 23, 2013 By Deborah Goldman | 71896 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F23%2Ffacebook-added-a-new-event-to-its-timeline-the-timeline-trademark-trial%2FFacebook+Added+A+New+Event+To+Its+Timeline%3A+The+Timeline+Trademark+Trial2013-04-23+04%3A01%3A28Deborah+Goldmanhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7189
Facebook Added A New Event To Its Timeline: The Timeline Trademark Trial

Facebook is being sued over its use of the phrase “Timeline,” and this case is going to court.

Privateering: Should Companies Embrace the Patent Troll System?
April 22, 2013 By Tom Matikainen | 7179One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F22%2Fprivateering-should-companies-embrace-the-patent-troll-system%2FPrivateering%3A+Should+Companies+Embrace+the+Patent+Troll+System%3F2013-04-22+05%3A00%3A50Tom+Matikainenhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7179
Privateering: Should Companies Embrace the Patent Troll System?

Some companies see patent trolls as the bane of their existence, while others see them as a weapon to be used against competitors.

Apple Faces Lawsuit in China over Siri
April 21, 2013 By Avie Zhao | 71676 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F04%2F21%2Fapple-faces-lawsuit-in-china-over-siri%2FApple+Faces+Lawsuit+in+China+over+Siri2013-04-21+19%3A00%3A49Avie+Zhaohttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D7167
Apple Faces Lawsuit in China over Siri

Shanghai Internet technology company Zhizhen brought suit against Apple, Inc., claiming that Apple’s Siri infringed on its patent for “Xiaoi,” a chat robot system. Specifically, Zhizhen contends that Siri’s core technology—man-machine interaction—is based on the word chat robot system which Xiaoi patented.

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Copyright »

Appropriating Sid Vicious

Appropriating Sid Vicious

Mr. Brainwash’s works recently joined the increasing number of cases on appropriation art after photographer Dennis Morris sued the street artist for use of his 1977 picture of Sid Vicious.

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Patents »

Bowman Decision a Win for Big Business

Bowman Decision a Win for Big Business

Shortly after the oral arguments between Monsanto and Bowman, WCL hosted both parties for a post argument discussion. Recently the Supreme Court ruled on the case, requiring annual purchases of Monsanto’s soybeans.

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Trademark »

Supreme Sues Married to the Mob for $10 Million

Supreme Sues Married to the Mob for $10 Million

Supreme, one of the most coveted skate-inspired clothing brands, is suing women’s clothing brand Married to the Mob and its founder Leah McSweeney for trademark infringement to the tune of $10 million.

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