01/09/2012 - Lipstick on a Pig - A Claim’s Preamble Does Not Confer Patentability on an Otherwise Unpatentable Process
In CyberSource v. Retail Decisions (decided August 16, 2011), the U.S. Court of Appeals for the Federal Circuit held that the claims in a software patent do not escape the patentability standards articulated in Bilski v. Kappos just by virtue of being drafted as so-called “Beauregard” claims.

01/09/2012 - Qimonda's Impact on Patent Licenses When a Licensor Goes Bankrupt in a Foreign Land
Can a U.S. patent licensee whose license has been rejected by a licensor under foreign law in a foreign bankruptcy rely on the protections of § 365(n) of the U.S. Bankruptcy Code? On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion addressing this in the Chapter 15 case of Qimonda AG (“Qimonda”).

11/08/2011 - Weathering the Storm: Qimonda, Patent Licenses and § 365(n)
On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion in the Chapter 15 case of Qimonda AG (“Qimonda”). The bankruptcy court held that the application of § 365(n) to executory licenses to U.S. patents was required to sufficiently protect the interests of U.S. patent licensees under Chapter 15 of the Bankruptcy Code and that the failure of German insolvency law to protect patent licensees was “manifestly contrary” to United States public policy.

02/05/2010 - Innovation Fee: Surcharge on U.S. Patent & Trademark Protection
The United States Patent and Trademark Office (PTO) announced that, as part of President Obama’s recently proposed budget for Fiscal Year (FY) 2011, the PTO’s budget would be $2.322 billion, a 23 percent increase over FY 2010.

12/01/2009 - Update on Mandating Data Security
A review the data security requirements of new laws in three states: Massachusetts, Nevada, and Connecticut.
Privacy & Data Security Law Journal, December 2009. Reprinted with permission.

10/02/2009 - The IP Beacon, October 2009
The IP Beacon is a quarterly newsletter prepared by the Haynes and Boone Intellectual Property Practice to inform clients and friends of trends and changes in intellectual property law.

10/01/2009 - Software Licenses: Permission vs. Forgiveness and the Law of Unintended Consequences
In a case that may prove to be as serendipitous for struggling software companies as anything else, the United States Court of Appeals for the Sixth Circuit wrote another chapter in the law of unintended consequences with its ruling in Cincom Systems, Inc. v. Novelis Corp. (published September 25, 2009 pursuant to Sixth Circuit Rule 206: File Name: 09a0346p.06).

09/21/2009 - Update On Mandating Data Security
Many states have enacted statutes imposing general obligations on companies to maintain “reasonable” security procedures and practices to protect the personal information of state residents from unauthorized access or use... This article explores a few specific developments in state law.

04/13/2009 - The Erosion of Licensor’s Rights
A license agreement traditionally has been thought of as a promise from an intellectual property owner not to sue the licensee for engaging in conduct that would otherwise violate the owner’s rights. A license agreement enables the licensor to generate revenue, while retaining ownership of the intellectual property.
© Bloomberg Finance L.P. 2009. Originally published by Bloomberg Law Reports. Reprinted by permission.

01/15/2009 - A Brand New Game: Video Game Patent Litigation Moves Beyond Base Technologies
As gamers clamor for cutting edge innovation, game and console developers continue to conquer new creative frontiers and in the process spend significant sums to advance their next great creation... Legal deathmatches are being waged over patents covering everything from console architectures to controller schemes to virtual world content.

Growing Legal Issues In The Video Game Industry
When you start playing games on your Nintendo Wii, your Microsoft Xbox 360 or even your computer, you might not realize the thorny legal and business issues behind the amazing graphics and the gripping musical score. Digital gaming is one of the world’s fastest growth industries — up 26 percent last year, even with the economic slowdown — and it is no surprise that where there is money, there are lawsuits.

11/12/2008 - Patent Process Claims Impacted by U.S. Court of Appeals for the Federal Circuit
The U.S. Court of Appeals for the Federal Circuit has issued a ruling in In re Bilski that modifies the test of whether a “process” qualifies as patentable subject matter.

10/15/2008 - Pro-IP Act Signed into Law
Yesterday the Prioritizing Resources and Organization for Intellectual Property Act of 2008 was signed into law.

Privacy Policies: Pssst… Everybody’s Doin’ It!

Patents as Part of the Business Strategy