Coalition challenges state law guarding 'net IP; advocates argue that a Georgia statute violates free speech and interstate commerce

Article Abstract:

Civil libertarians have filed suit in Georgia's federal district court questioning the constitutionality of Georgia's new law making it a crime to transmit certain kinds of data on the Internet or any other computer network. The plaintiffs argue that the statute violates various constitutional rights such as freedom of speech and the right to privacy and also the constitution's Commerce Clause because of the law's attempt to regulate interstate commerce. The plaintiffs also argue that the Georgia law is just a content-based restriction on speech since it is not limited to commercial uses.

Computer networks, Laws, regulations and rules, Internet, Freedom of speech, Interstate commerce, Georgia

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New tech should be assigned to one party; recent Federal Circuit case on patent prior art has important implications for joint ventures

Article Abstract:

The prior art ruling by the 1997 United States Court of Appeals for the Federal Circuit case in Oddzon Products v. Just Toys shows the importance of assigning new developments in a joint-venture arrangement to one juristic person to prove the patentability of new developments. The best joint venture arrangements will specify this obligation of assignment before a party receives enough confidential information for the creation of new inventions.

Standards, Joint ventures

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Step plus function can result in narrow claims; technique permitting drafters to use functional language for process inventions has risks

Article Abstract:

The step-plus-function claiming technique was set up to enable patent drafters to give broader definitions of process inventions using functional language. Since the definition is vague, additional guidance from the United States Court of Appeals for the Federal Circuit would be useful in decreasing patent preparation costs and giving the public accurate claim scope notice. Court rulings have, to date, not provided enough guidance.

Interpretation and construction, Inventions, Intellectual property, Patents

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