Wednesday, January 05, 2005

TOP IP ISSUES FOR 2005: The law firm of Wolf, Greenfield & Sacks, P.C. weighs in on the top IP issues coming for 2005:

  • Supreme Court to rule Grokster music file-sharing case. The high court will reconsider the 9th Circuit U.S. Court of Appeals' ruling that Grokster, a file-sharing network, is not responsible for copyright infringement by its users.

  • More conflict between intellectual property law and antitrust law. Antitrust law promotes open competition while IP law restricts it by giving owners of IP exclusive rights. Has the pendulum swung too far toward the IP side?

  • Fewer but higher-quality patents because of higher filing fees.

  • Phillips v. AWH case on standards for patent claim interpretation. The 1st Circuit U.S. Court of Appeals (CAFC), the nation's top patent court, will decide on Phillips v. AWH, which will clarify the interpretation of patent claims -- and possibly lead to more restrictive interpretations.

  • Fallout from Knorr-Bremse decision on willful patent infringement.

  • Decision on Tiffany's trademark-infringement lawsuit against eBay. Tiffany & Company last year sued eBay, claiming the Internet site infringes on its trademarks by allowing users to sell fake Tiffany jewelry and "actively encourages the sale of counterfeit merchandise."

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