Intellectual Property Quarterly Newsletter - Spring 2007

Mondaq Business BriefingUnited States Law Articles in English (2007)

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Intellectual Property Quarterly Newsletter - Spring 2007

Editor's Note

William Kuhne

Intellectual property law is in a period of rapid evolution. In the past year, we have learned (among other things) that injunctive relief does not follow as a matter of course from a finding of patent infringement; that an alleged infringer need not fear an imminent infringement suit to file its own complaint for declaratory relief; and that patents should not be presumed to confer market power on patentees. This evolution promises to continue. In fact, on April 30, the Supreme Court issued its long-anticipated ruling in KSR on the obviousness standard and also decided in AT&T v. Microsoft that the exportation of software object code does not incur liability under the patent statute. In addition to assessing what is left of its "teaching, suggestion, or motivation" test for combining references to establish invalidity for obviousness in the wake of KSR, the Federal Circuit will soon be deciding the scope of waiver of the attorney-client ...

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