Review of Intellectual Property Law Blog

Archive: October 2011

Trademarking Social Change?

Posted by Ian Rubenstrunk on Monday, October 31st, 2011

Regardless of your affection for a particular news outlet, over the last couple weeks the “Occupy Wall Street” movement has seen it’s fair share of coverage. Recently a couple from Long Island applied to the PTO, attempting to Trademark “Occupy Wall St.” Once again ignoring the political stigma surrounding the movement, this story raises a…

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America Invents Act: A Reference Guide

Posted by Harini Ganesh on Thursday, October 27th, 2011

Recently, Congress passed the Leahy-Smith America Invents Act (“AIA”). This important legislation changed America’s patent system from a first-to-invent system to a first-to-file. Arthur Yuan, the Executive Director of the John Marshall Law School Chinese Intellectual Property Resource Center, has prepared the following document, which provides easy reference to the changes in the AIA.

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Reaping What the Clever Farmer Sows: Self-Replicating Products, Patent Infringement, and the Hitchhiking Kernel

Posted by Christian Miller on Wednesday, October 12th, 2011

Recently, the U.S. Court of Appeals for the Federal Circuit reaffirmed its previous rulings that the raising and sale of subsequent generations of genetically modified organisms is not affected by patent exhaustion. In Monsanto v. Bowman,[1] an appeal from the Southern District of Indiana, the court affirmed the lower court’s finding that a farmer was…

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