What's new in intellectual property; business is booming in copyright, trademark and patent law
Article Abstract:
The practice of intellectual property law does not seem to be affected by the recession and promises to be the fastest growing practice area of the 1990s. Many law firms are establishing or adding to intellectual property divisions. Patent law can be described as countercyclical, since businesses try to hold onto what they have in bad economic times. Computer software cases are one area of this law still in flux, with courts struggling to differentiate expressions of ideas which can be copyrighted from software ideas which cannot. Reverse engineering is one controversial area of computer software law.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Ruling cuts jury's role in patent cases: critic claims opinion elevates generalist judges to 'super-scientists.'
Article Abstract:
The US Circuit Court of Appeals for the Federal Circuit made a ruling in Markman v. Westview Instruments that could have a broad impact on patent litigation because it excludes jury panels from patent interpretation. The decision has been criticized for increasing judges' workloads by requiring them to obtain the necessary knowledge, making trial lawyers' training in preparing juries obsolete and possibly violating the Seventh Amendment. However, reform efforts have included proposals for removing jurors or using specialized juries in these cases.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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A page of copyright history: a New York judge rejects West's claim for pagination protection
Article Abstract:
US District Court Judge John Martin, Jr. of New York granted Matthew Bender's summary judgment motion in the publisher's suit against West Publishing Co. regarding West's claimed copyright protection of its pagination system. West and parent Thomson Corp. plan to appeal the ruling, though they must also face additional battles before Judge Martin. Matthew Bender and other legal publishers have argued that West's pagination is not sufficiently original or creative to warrant intellectual property protection.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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