Intellectual Property Overview
Intellectual Property Resources
Related Practice Areas
Intellectual property (IP) law developed over time to protect different forms of intangible subject matter. The concept is not new: Jewish law early on prohibited plagiarism, calling it "g'neivat da'at," or stealing the mind. The earliest use of the term "intellectual property" was in an 1845 Massachusetts Circuit Court ruling in a patent case.
The term intellectual property did not come into common usage in the United States until December 1980, when Congress enacted the Bayh-Dole Act or Patent and Trademark Law Amendments Act, 35 U.S.C. § 200-212. The Act gave U.S. universities, non-profits and small businesses control over their inventions resulting from federal government-funded research. Since then, the protections afforded intellectual property have expanded exponentially.
Show Extended SummaryFeatured Cases 
- WIAV Solutions LLC v. Research In Motion, Ltd. et al
Virginia Eastern District Court
Plaintiff
Filed: September 26, 2008
Plaintiff: WIAV Solutions LLC; Defendant: Research In Motion, Ltd., Research in Motion Corp., Apple Inc., Mindspeed Technologies, Inc.
Last Docket Report Change Found: April 22, 2009
(April 21, 2009) - Certicom Corporation et al v. Sony Corporation et al
Plaintiffs Certicom Corp. and Certicom Patent Holding Corp. alleged that Defendants Sony Corporation, Sony Corporation of America, Sony Computer Entertainment Inc., Sony Computer Entertainment America Inc., Sony Pictures Entertainment Inc., Sony Electronics Inc. and Sony DADC US Inc. infringed on U.S. Patent No. 6,563,928 entitled "Strengthened Public Key Protocol."
Texas Eastern District Court
Patent
Filed: May 30, 2007
Plaintiff: Certicom Corporation, Certicom Patent Holding Corporation; Defendant: Sony Corporation, Sony Corporation of America, Sony Computer Entertainment Inc., Sony Computer Entertainment America Inc., Sony Pictures Entertainment Inc. and others...
Last Docket Report Change Found: April 21, 2009
(April 20, 2009) - ESN LLC v. Cisco Systems Inc et al
Plaintiff ESN, LLC alleged that Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC infringed on U.S. Patent No. 7,283,519 entitled "Distributed Edge Switching System for Voice-Over-Packet Multiservice Network."
Texas Eastern District Court
Patent
Filed: October 15, 2007
Plaintiff: ESN LLC; Defendant: Cisco Systems Inc, Cisco-Linksys LLC
Last Docket Report Change Found: April 21, 2009
(April 20, 2009) - Datatreasury Corporation v. Citizens Bank of Rhode Island et al
Plaintiff DataTreasury Corporation alleged that Defendants Citizens Bank of Rhode Island, RBS Citizens, National Association, UBS AG and Comerica Bank infringed on U.S. Patent Nos. 5,910,988 and 6,032,137 entitled "Remote Image Capture With Centralized Processing and Storage," 5,265,007 entitled "Central Check Clearing System," and 5,717,868 entitled "Electronic Payment Interchange Concentrator."
Texas Eastern District Court
Plaintiff
Filed: May 2, 2008
Plaintiff: Datatreasury Corporation; Defendant: Citizens Bank of Rhode Island, RBS Citizens, National Association, Comerica Bank, UBS AG
Last Docket Report Change Found: April 21, 2009
(April 20, 2009) - PACid Group, LLC v. Apple Inc. et al
Texas Eastern District Court
Plaintiff
Filed: March 30, 2009
Plaintiff: The PACid Group, LLC; Defendant: Apple Inc., Dell, Inc, Gateway Inc, Hewlett-Packard Company, Lenovo Group Limited and others...
Last Docket Report Change Found: April 21, 2009
(April 20, 2009)
Dockets 
- Warner Bros. Records Inc. et al v. Wolatz
California Southern District Court
Copyrights
Filed: April 23, 2009
Plaintiff: Warner Bros. Records Inc., BMG Music, UMG Recordings, Inc., Sony Music Entertainment Defendant: Scott Wolatz
(April 22, 2009) - Capitol Records, LLC et al v. Trimarchi
New York Northern District Court
Copyrights
Filed: April 23, 2009
Plaintiff: Capitol Records, LLC, UMG Recordings, Inc., Sony Music Entertainment, Arista Records LLC Defendant: Gregory Trimarchi
(April 22, 2009) - RVDirect.com, Inc. et al v. Terry Town Travel Center, Inc.
New York Northern District Court
Trademark
Filed: April 22, 2009
Plaintiff: RVDirect.com, Inc., RVDirect Group, Inc. Defendant: Terry Town Travel Center, Inc.
(April 21, 2009) - Sepracor Inc. v. Alphapharm Pty. Ltd et al
New York Southern District Court
Patent
Filed: April 22, 2009
Plaintiff: Sepracor Inc., Sepracor Inc., Sepracor Inc., Sepracor Inc. Defendant: Alphapharm Pty. Ltd, Mylan Inc.
(April 21, 2009) - CLARK CAPITAL MANAGEMENT GROUP, INC. v. JPMORGAN CHASE & CO.
Pennsylvania Eastern District Court
Trademark
Filed: April 22, 2009
Plaintiff: CLARK CAPITAL MANAGEMENT GROUP, INC. Defendant: JPMORGAN CHASE & CO.
(April 21, 2009)
Legislation 
- Bill Signed by President: H.R.1105 Omnibus Appropriations Act of 2009
Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes.
March 11, 2009: Signed by President.
(March 9, 2009) - Bill Introduced: H.R.1298 Pharmaceutical Market Access and Drug Safety Act of 2009
To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs, and for other purposes.
(March 2, 2009) - Bill Introduced: S.525 Pharmaceutical Market Access and Drug Safety Act of 2009
A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs, and for other purposes.
(March 2, 2009) - Bill Introduced: H.R.1260 Patent Reform Act of 2009
To amend title 35, United States Code, to provide for patent reform.
(March 1, 2009) - Bill Introduced: S.515 Patent Reform Act of 2009
A bill to amend title 35, United States Code, to provide for patent reform.
(March 1, 2009)
Regulations 
- Rule - Section 119 and Changes in the Consumer Price Index
Copyright Office, Library of Congress
Rule
Section 119 and Changes in the Consumer Price Index,
12092-12093 [E9-6175]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 258 [Docket No. RM 2009-2] Section 119 and Changes in the Consumer Price Index AGENCY: Copyright Office, Library of Congress. ACTION: Final rule. SUMMARY: The Copyright Office makes royalty rate adjustments for satellite carriers based upon changes in the Consumer Price Index. This year, the change in the Consumer Price Index for the relevant time period was 0.03%, a change so small that the rates remain unaffected for the 2009 licensing period.... [read document]
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(March 21, 2009) - Proposed Rule - Exemption to Prohibition on Circumvention of Copyright Protection Systems for ...
Copyright Office, Library of Congress
Proposed Rule
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies; Correction,
666 [E9-61]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2008-8] Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies AGENCY: Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking; correction. SUMMARY: The Copyright Office published in the Federal Register on December 29, 2008, a notice pertaining to its triennial rulemaking proceeding in accordance with a provision of the Copyright Act which was added by the... [read document]
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(January 6, 2009) - Proposed Rule - Exemption to Prohibition on Circumvention of Copyright Protection Systems for ...
Copyright Office, Library of Congress
Proposed Rule
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies,
79425-79428 [E8-30799]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2008-8] Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies AGENCY: Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. SUMMARY: The Copyright Office of the Library of Congress is conducting its triennial rulemaking proceeding in accordance with a provision of the Copyright Act which was added by the Digital Millennium Copyright Act and which... [read document]
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(December 28, 2008) - Rule - Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte ...
Patent and Trademark Office
Rule
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates,
74972 [E8-29297]
DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 41 [Docket No.: PTO-P-2007-0006] RIN 0651-AC12 Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule; delay of effective and applicability dates. SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules... [read document]
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(December 9, 2008) - Rule - Clarification of the Effective Date Provision in the Final Rule for Ex Parte Appeals
Patent and Trademark Office
Rule
Clarification of the Effective Date Provision in the Final Rule for Ex Parte Appeals,
70282 [E8-27357]
DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 41 [Docket No.: PTO-P-2008-0054] Clarification of the Effective Date Provision in the Final Rule for Ex Parte Appeals AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Interpretation and effective date clarification. SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences... [read document]
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(November 19, 2008)
Government 
- S. 379 Performance Rights Act
To provide fair compensation to artists for use of their sound recordings.
(April 23, 2009) - Notice - Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar
Patent and Trademark Office
Notice
Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar
,
18352 [E9-9145]
DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-P-2009-0016] Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar[reg] AGENCY: United States Patent and Trademark Office. ACTION: Notice of interim patent term extension. SUMMARY: The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a fifth one-year interim extension of the term of U.S. Patent No. 4,650,787. FOR FURTHER INFORMATION... [read document]
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(April 21, 2009) - Notice - Facilitating Access to Copyrighted Works for the Blind or Other Persons With ...
Copyright Office, Library of Congress
Notice
Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities; Inquiry and Request for Comments; Public Meeting
,
17884 [E9-8865]
LIBRARY OF CONGRESS Copyright Office Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities; Notice of Public Meeting AGENCY: Copyright Office, Library of Congress. ACTION: Notice. SUMMARY: The United States Copyright Office (Copyright Office) and the United States Patent and Trademark Office (USPTO) announce that interested parties may submit electronic comments and reply comments on facilitating... [read document]
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(April 16, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Patent and Trademark Office
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
17632-17633 [E9-8738]
DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: United States Patent and Trademark Office (USPTO). Title: Madrid Protocol. Form Number(s): PTO-2131, PTO-2132, PTO-2133. Agency Approval... [read document]
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(April 15, 2009) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Patent and Trademark Office
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals
,
13421-13422 [E9-6770]
DEPARTMENT OF COMMERCE Patent and Trademark Office Customer Panel Quality Survey ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on this extension of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.... [read document]
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(March 25, 2009)
Articles 
- The Framing of 'Piracy': Etymology, Lobbying & Policy
K. Matthew Dames Copycense Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009) - Share and Share Alike: Intelligence Agencies, Information Sharing, and National Security
George Washington Law Review, Forthcoming, George Mason Law & Economics Research Paper No. 09-24 Nathan Alexander Sales George Mason University School of Law Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009) - To Be Financed or Not… – The Role of Patents for Venture Capital Financing
ZEW - Centre for European Economic Research Discussion Paper No. 09-003 Carolin Haeussler , Dietmar Harhoff and Elizabeth J. Mueller University of Munich - Institute for Innovation Research, Technology Management, and Entrepreneurship , University of Munich - Munich School of Management and New School University Date Posted: April 23, 2009 Last Revised: April 23, 2009
(April 22, 2009) - Same Name, Different Goods - Death of the Principle of Specialty
TRADE MARK LAW AND SHARING NAMES: EXPLORING USE OF THE SAME MARK BY MULTIPLE UNDERTAKINGS, I. Simon Fhima, ed., Chapter 7, Edward Elgar, 2009 Ilanah Simon Fhima Unversity College London Date Posted: April 22, 2009 Last Revised: April 22, 2009
(April 21, 2009) - Scarcity of Ideas and R&D Options: Use It, Lose It, or Bank It
Nisvan Erkal and Suzanne Scotchmer University of Melbourne - Department of Economics and University of California - Department of Economics and GSPP Date Posted: April 22, 2009 Last Revised: April 22, 2009
(April 21, 2009)
News 
- Pirate Bay Four: Scurvy Dogs May Not Walk the Plank
PC World
Turns out the judge who gave the Pirate Bay Four a year in the slammer and fines of $3.6 million has a vested interest in punishing copyright scofflaws. Judge Thomas Norström is a member of the Swedish Copyright Association (Svenska föreningen för ...
Judge In Pirate Bay Trial Biased Slashdot
all 4 news articles
(April 23, 2009)
Novinite.com
European Parliament votes to lengthen music performers' copyright
Sofia Echo, Bulgaria
The copyright term for music recordings must be extended from 50 years to 70 years, according to legislation adopted on April 23 2009 by the European Parliament. Adopting a report by MEP Brian Crowley with 377 votes in favour, 178 against and 37 ...
British singer Bragg blasts EU copyright extension The Associated Press
EU votes for longer music copyright Register
MEPs back 70-year copyright European Voice
paidContent - Reutersall 776 news articles
(April 23, 2009)- TeleCommunication Systems, Inc. Issued US Patent for Automatic ...
SYS-CON Media (press release), NJ
The patent describes a means for automatically providing the presence and/or location information of a mobile instant messaging (IM) subscriber. Traditional desktop IM systems allow an Internet subscriber to automatically notify a chat group or IM ...
(April 23, 2009) - 28 More Companies Sued Over Grouped Toolbars Patent
Techdirt
You may recall last summer that we wrote about Gary Odom (as known as Patent Hawk) who has been known to stop by our site here to throw around an insult or two (nice guy!). It seems that Odom, who had previously worked with Microsoft, doing prior art ...
Joe Mullin's Patent Litigation Weekly: Inventor Gary Odom Sees ... Am Law Litigation Daily
all 2 news articles
(April 23, 2009) - COPYRIGHT COMPLIANCE POLICY
Daily 49er, CA
This Copyright Compliance Policy sets forth the procedures undertaken by mtvu to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, ...
(April 23, 2009)
Blog Posts 
- Tafas v. Doll Request for Extension of Time
IPWatchdog is reporting that Tafas and Glaxo have filed a joint motion to extend the time to file a petition for panel rehearing or a petition for rehearing en banc. According to the motion, the government is considering whether to request rehearing of the panel's decision that the continuation rules are invalid because they conflict [...]
(April 23, 2009) - Friday favourites
Fancy a change of scene? Why not check out the Forthcoming Events column on the IPKat's side bar? If an event is FREE, he's listing it in blue. The Kat is also listing things that aren't formal events, but which are just plain interesting: these are in green. IPKat-supported events are red. If there's a discount, it's in this colour. Bye, bye Butterworths? Not quite ... According well-informed sources close to Chancery Lane, from tomorrow the company currently known by the somewhat unlovely and...
(April 23, 2009) - Precedential No. 17: TTAB Dismisses Bayer "FLANAX" Cancellation Claims - No ...
Flummoxed by Bayer's three attempts to properly plead its claims, the Board granted three-fourths of Registrant Belmora's motion for dismissal for failure to state a claim upon which relief may be granted. Bayer lost its Section 2(d) and its fraud claim by failing to allege prior use of its mark FLANAX in the United States by itself or by someone on its behalf. Bayer's claim under Article 6bis of the Paris Convention was jettisoned because the Convention is not self-executing and Section 44 of...
(April 23, 2009) - Posthumous pleasure for performers
In case you missed it, the European Parliament website yesterday published this item (thanks, Hugo Cox, for forwarding the link): "Music copyright to be extended to 70 years for performers Copyright term for music recordings must be extended from 50 years to 70 years, says legislation adopted on Thursday by the European Parliament. By adopting the report by Brian Crowley (IE, UEN) with 377 votes in favour, 178 against and 37 abstentions, MEPs voted to increase the term of copyright protection...
(April 23, 2009) - Writing About Famous Dead People
Dear Rich: I am a writer (no, really, professionally published and everything) and am working on a novel in which I want to include a historical personage of the 20th century as a character. This gentleman died in the 1990s and was a labor leader who was much in the papers. He is not the protagonist of the book, but is a pivotal character. Would I get into trouble using his name and biographical details, or should I fictionalize the man out of all recognition? I'm so glad you asked. The short...
(April 23, 2009)