Patent, Trademark & Copyright Journal® Index-Summary

LANHAM ACT

– Attorneys' fees, exceptional case award to prevailing party, abuse of process standard (7th Cir.), 81:146
– Counterfeiting

– – Cigarette maker claims against retail merchant (10th Cir.), 80:378
– – Jeans maker sued for false endorsement and unfair competition (2d Cir.), 80:840

– False advertising

See FALSE ADVERTISING

– False endorsement, political campaign use of copyrighted music, conferees discuss, 81:111
– Jurisdiction based on shoe maker's cease-and-desist letters to alleged trademark infringer's customers (E.D. La.), 80:844
– Right of publicity, Fred Astaire's name used for dance awards (S.D.N.Y.), 80:244
– Trade dress, Nickelodeon, visual system of colors and designs used in television programs (S.D. Cal.), 80:579

LAWYERS

See ATTORNEYS

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers. For information on measures not yet assigned numbers, see specific subject headings. Asterisks (*) indicate bills introduced in the 112th Congress which convened in January 2011.
– Generally

– – Hill Watch, overview of pending bills, chart, 80:614
– – 2010-2011 review and outlook, Special Report, 81:384

– House

– – HR *243, False patent marking, bill to set penalties on per-decision basis introduced, 81:312
– – HR *307, Seed Availability and Competition Act to allow farmers to replant saved seeds harvested from patented seeds, introduced, 81:343
– – HR 628, Judges, pilot program to enhance patent expertise, bill passed by Congress, 81:208; president signs, 81:308
– – HR 848, Performance Rights Act to remove royalty exemption for over-the-air broadcasters, compromise measure proposed, 80:566; GAO report released, 80:646; NAB proposes terms for compromise on bill, 80:839
– – HR 1260, Patent Reform Act, inability to reconcile House and Senate bills discussed at House Judiciary Comm. hearing, 80:5; former PTO chief Dudas and industry groups offer views on bill, 80:48; conferees discuss reform efforts, 80:225
– – HR 1722, Telework Improvements Act to expand options for federal workers passed by House and sent to president, 81:108; president signs, 81:207
– – HR 3081, Appropriations bill, fee diversion provision not included, 80:717
– – HR 3082, Federal government appropriations bill that includes $2.262 billion for PTO, House passes, 81:171; Congress unable to approve bill, stop gap funding passed, 81:248
– – HR 4899, Pay-for-delay settlements with generic drug makers, bill to ban passed by House, 80:327
– – HR 5322, Patent and Trademark Office Funding Stabilization Act to give PTO fee-setting authority and end diversion of fees, introduced, 80:79
– – HR 5874, PTO appropriations bill to provide $129 million in supplemental funds approved by House, 80:413; Senate passes, 80:468; president signs, 80:497
– – HR 5980, Patent applications, amendment of 18-month publication requirement included in job bill, 80:531
– – HR 6352, False marking bill modifies penalty structure, introduced, 80:776

– Senate

– – S *23, Patent Reform Act introduced, 81:369
– – S *27, Pay-for-delay settlements with generic drug makers, bill to ban introduced, 81:369
– – S *139, Tax avoidance strategies, bill to ban patents for, introduced, 81:369
– – S 379, Performance Rights Act to remove royalty exemption for over-the-air broadcasters, compromise measure proposed, 80:566; GAO report released, 80:646; NAB proposes terms for compromise on bill, 80:839
– – S 515, Patent Reform Act, inability to reconcile House and Senate bills discussed at House Judiciary Comm. hearing, 80:5; ex parte patent reexamination decisions, abolishment of de novo judicial review, BNA Insights, 80:28; former PTO chief Dudas and industry groups offer views on bill, 80:48; conferees discuss reform efforts, 80:225; floor vote urged, 80:680
– – S 3333, Satellite Television Extension and Localism Act to reauthorize statutory license for retransmission of local and network signals passed by Congress, 80:80; president signs, 80:150; CRS issues report on Act, 80:199; updated report issued, 81:381
– – S 3677, Pay-for-delay settlements with generic drug makers, bill to restrict passed by Senate committee, 80:469; cost savings overestimated, industry group says, 80:544
– – S 3689, Copyright Cleanup, Clarification, and Corrections Act to improve and streamline copyright system, Senate passes, 80:469; House passes, 81:73; Senate passes, 81:105; president signs, 81:207
– – S 3728, Innovative Design Protection and Piracy Prevention Act to provide 3-year period of protection for fashion designs, introduced, 80:498; CRS report issued, 80:646; Senate Judiciary Comm. passes, 81:139
– – S 3804, Combating Online Infringement and Counterfeits Act to target rogue sites dedicated to infringing activities, introduced, 80:679; CDT press release, 80:719; ITIF study supports bill, 80:837; Senate Judiciary Comm. passes, 81:103

LICENSING

See also BANKRUPTCY
– Copyrights

– – Download of copyrighted music does not implicate public performance right (2d Cir.), 80:717
– – Satellite television

– – – Retransmission of local and network signals

See LEGISLATION, FEDERAL, S 3333

– – – Statements of account, CO amends rules, 80:695

– – Software

– – – Health insurance claims processing, nonexclusive licensee lacks standing to sue for infringement (7th Cir.), 81:373
– – – Mortgage software provided to company attorneys violated licensing agreement (5th Cir.), 80:825

– – Termination rights under Copyright Act, public comment period extended, 80:105; proposed rule, 81:155

– Patents

– – Exclusive licensee given first right to sue for infringement by patent owner (Fed. Cir.), 80:92
– – Multiple patent licensees with right to sublicense do not bar standing to sue for infringement (Fed. Cir.), 81:287
– – Rewritable CDs, patent pool license not misuse of patent (Fed. Cir., en banc), 80:600; (U.S., rev sought), 81:382
– – Software, method to reduce unlicensed use infringed by Microsoft, calculation of damages (Fed. Cir.), 81:275
– – Technology transfer, Bayh-Dole Act

– – – Anniversary of Act, House resolution, 81:79
– – – Congressional bipartisanship benefits noted by Bayh and Dole, BNA Insights, 81:326
– – – “March-in rights,” NIH declines to exercise in Fabrazyme drug case, 81:229
– – – Treatise published by BNA Books, 81:353
– – – “Unmediated” inventions, law professor proposal on title allocation, 81:113

– Trademarks

– – Antitrust, National Football League grant of exclusive license to use teams' marks is concerted action that must be evaluated under rule of reason (U.S., rvs), 80:116; CRS report on decision, 80:339
– – Hair and skin care mark, Japanese meaning attributed to Japanese term in license, judgment vacated (U.S., rev den), 80:104
– – Logo licensing business, transfer to subsidiary was sham transaction to avoid taxes (Mass. App. Ct.), 81:182
– – “Masters and Johnson” service mark, willful infringement by licensee (8th Cir.), 81:310
– – Naked licensing defense to alleged infringement of Freecycle Network marks (9th Cir.), 81:142

LITIGATION

– Cost control counsel, BNA Insights, 81:125
– Misconduct by patent owner, attorneys' fees assessed for (Fed. Cir.), 80:230
– Significant developments anticipated in coming months, 80:425
– 2010-2011 review and outlook, Special Report, 81:384
– Updates on ongoing suits making news, Flash Notes, 80:249; 80:313