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Articles by Caroline Goussé

Caroline is an international J.D. student at American University Washington College of Law. After receiving a dual bachelor of law in French and Common Law from the University of Paris Nanterre, she pursued a Master’s Degree in French and American Comparative Law while concurrently seeking a J.D. in the United States. She is currently in her last year for both programs. She has a strong interest in intellectual property, particularly in copyright, and is a regular contributor to the Intellectual Property Brief. In addition, she finds the comparison between common and civil law exciting, and hopes to cultivate a career that merges her love for intellectual property with her international focus.

Francis Ford Coppola’s Questionable Trademark v. Tiny Italian Restaurant
April 20, 2012 – 12:01 AM | 5188One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F20%2Ffrancis-ford-coppola%25e2%2580%2599s-questionable-trademark-v-tiny-italian-restaurant%2FFrancis+Ford+Coppola%E2%80%99s+Questionable+Trademark+v.+Tiny+Italian+Restaurant+2012-04-20+04%3A01%3A53Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5188
Francis Ford Coppola’s Questionable Trademark v. Tiny Italian Restaurant

Francis Ford Coppola is suing a small Italian restaurant over its name, Tavola, arguing that he owns a trademark in the term. But does he?

“Law of Nature” Bars the Patentability of Determining the Adequate Dosage of a Drug
March 29, 2012 – 12:01 AM | 5012No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F03%2F29%2F%25e2%2580%259claw-of-nature%25e2%2580%259d-bars-the-patentability-of-determining-the-adequate-dosage-of-a-drug%2F%E2%80%9CLaw+of+Nature%E2%80%9D+Bars+the+Patentability+of+Determining+the+Adequate+Dosage+of+a+Drug+2012-03-29+04%3A01%3A11Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5012
“Law of Nature” Bars the Patentability of Determining the Adequate Dosage of a Drug

On March 20, 2012, the Supreme Court unanimously reversed the Court of Appeals for the Federal Circuit’s decision and held in Mayo v. Prometheus that methods for determining the adequate dosage of thiopurine drugs in the treatment of certain diseases was not patentable under 15 U.S.C. § 101 as the methods only recited a process of the law of nature.

Much Wants More and Loses Everything: Patent Litigation Backfires
March 12, 2012 – 12:01 AM | 4938No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F03%2F12%2Fmuch-wants-more-and-loses-everything-patent-litigation-backfires%2FMuch+Wants+More+and+Loses+Everything%3A+Patent+Litigation+Backfires+2012-03-12+04%3A01%3A00Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4938
Much Wants More and Loses Everything: Patent Litigation Backfires

A court in the Southern District Court of New York recently denied the claim of pharmaceutical company Dey, Inc. that a defendant, Sunovion Pharmaceutical Inc., had been infringing on Dey’s patents. Sunovion argued that Dey’s patents were not valid because Sunovion had conducted clinical trials on the chemical compound more than a year prior to Dey’s applying for the patent. The court found that because those clinical trials amounted to public use, Dey’s patents were not valid and therefore Sunovion did not infringe.

Tarzan May Not Say Much But He Is Worth a Lot
February 26, 2012 – 12:01 AM | 48625 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F02%2F26%2Ftarzan-may-not-say-much-but-he-is-worth-a-lot%2FTarzan+May+Not+Say+Much+But+He+Is+Worth+a+Lot2012-02-26+05%3A01%3A42Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4862
Tarzan May Not Say Much But He Is Worth a Lot

Edgar Rice Burroughs Inc., a company owned by Edgar R. Burroughs’ family, is suing distributor Dynamic Forces and publisher Dynamic Entertainment for trademark infringement and unfair competition, claiming that their comic-book series “Lord of the Jungle” and “Warlord of Mars” infringe on Burroughs’ characters, namely Tarzan of the Apes and John Carter of Mars.

No Copyright Protection for Pornography: A Daring Response to File-Sharing Litigation
February 16, 2012 – 12:01 AM | 4803No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F02%2F16%2F4803%2FNo+Copyright+Protection+for+Pornography%3A+A+Daring+Response+to+File-Sharing+Litigation2012-02-16+05%3A01%3A38Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4803
No Copyright Protection for Pornography: A Daring Response to File-Sharing Litigation

“The purpose of copyright is to create incentives for creative effort.” Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 450 (1984). Well, Article I, Section 8, Clause 8 of the U.S. Constitution certainly has led to creative litigation. In a recent example, a defendant in a file-sharing and copyright infringement lawsuit has revived the time-tested argument that pornography does not qualify as copyrightable work. File-sharing pornography, therefore, involves no copyright infringement.

“West F*** Virginia” and University Color Scheme Trademark Protection
February 6, 2012 – 3:35 PM | 4769One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F02%2F06%2Fwest-f-virginia-and-university-color-scheme-trademark-protection%2F%22West+F%2A%2A%2A+Virginia%22+and+University+Color+Scheme+Trademark+Protection2012-02-06+20%3A35%3A03Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4769
“West F*** Virginia” and University Color Scheme Trademark Protection

A complaint filed by the Board of Governors of West Virginia University alleging that a Morgantown t-shirt maker is infringing on the University’s protected rights gives rise to a much debated issue of trademark protection over university color schemes.

Novel Claims on Inventions’ Novelty and Obviousness Bring Non-Obvious Developments to Patent Litigation
November 24, 2011 – 12:00 AM | 4502No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F11%2F24%2Fnovel-claims-on-inventions-novelty-and-obviousness-bring-non-obvious-developments-to-patent-litigation%2FNovel+Claims+on+Inventions%27+Novelty+and+Obviousness+Bring+Non-Obvious+Developments+to+Patent+Litigation+2011-11-24+05%3A00%3A21Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4502
Novel Claims on Inventions’ Novelty and Obviousness Bring Non-Obvious Developments to Patent Litigation

Barnes & Noble has found a new and interesting way to challenge Microsoft’s patent infringement claims: arguing that Microsoft’s patent infringement claims are baseless because Microsoft’s patents are not valid. For proof, Barnes & Noble offers a significant list of prior art publications and patents to test Microsoft’s inventions’ novelty and non-obviousness.

The Patent Abuse of Patent Infringement Claims
November 12, 2011 – 12:00 AM | 43656 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F11%2F12%2Fthe-patent-abuse-of-patent-infringement-claims%2FThe+Patent+Abuse+of+Patent+Infringement+Claims2011-11-12+05%3A00%3A38Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4365
The Patent Abuse of Patent Infringement Claims

The media have covered Barnes & Noble’s rebellion against Microsoft’s aggressive litigation to enforce Microsoft’s patent rights. Yet it is uncertain whether Microsoft is violating antitrust laws and it seems equally uncertain how courts may delimit the difference between the rightful protection of one’s rights and the unlawful abuse of one’s dominant position in the marketplace.

The Medicrime Convention and its Side Effects on Intellectual Property Infringements in the Field of Drug Counterfeiting
October 31, 2011 – 9:26 AM | 42955 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F31%2Fthe-medicrime-convention-and-its-side-effects-on-intellectual-property-infringements-in-the-field-of-drug-counterfeiting%2FThe+Medicrime+Convention+and+its+Side+Effects+on+Intellectual+Property+Infringements+in+the+Field+of+Drug+Counterfeiting2011-10-31+13%3A26%3A11Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4295
The Medicrime Convention and its Side Effects on Intellectual Property Infringements in the Field of Drug Counterfeiting

The Council of Europe has come up with an international convention creating criminal sanctions for the manufacturing and trafficking of counterfeited drugs. The Convention, which should come into force in the near future, also creates interesting legal alternatives for trademark and patent holders against infringements of their rights.

UK Police Facing Copyright Infringement Charges
October 21, 2011 – 11:41 AM | 42318 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F21%2Fuk-police-facing-copyright-infringement-charges%2FUK+Police+Facing+Copyright+Infringement+Charges2011-10-21+15%3A41%3A10Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4231
UK Police Facing Copyright Infringement Charges

UK police are facing charges of copyright infringement for allegedly copying and marketing software that allows its users to recover data from mobile phones.

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Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

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Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

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Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

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