BULLET

Thursday, June 30, 2011 VOLUME 8 ISSUE 1  
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NORTH AMERICA
Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar to Prove Infringement
Recent Developments In U.S. Patent Law
Supreme Court of Canada Masters The Art of Analyzing Trade-mark Confusion
CANADA: A brief look at the nature of the Federation, the Administration of Justice and the Judicial System
Negotiating, Establishing or Overcoming Force Majeure Causes Under American Law: A Practice Explication
Shifting Mindsets in the Legal Industry
ASIA PACIFIC
Foreign Investment in the Australian Resources Sector
EUROPE
Statute Barred! How Long Do You Have to Take an Irish Claim?
Bordering on a fine - The UK Border Agency may investigate your new employee’s right to work in the United Kingdom
New Criminal Liability of Companies Under Spanish Criminal Code
Slovakia – 80 Percent Tax on Emission Allowances - Potential repeal of the European Emission Allowance Trading Scheme in practice
Reform of Russian Civil Code - New challenges for practicing law and doing business in Russia
Investment in the UK real estate market
Recording Companies Suffer Setback in Litigation with Internet Service Providers in Irish High Court
Dispute Resolution in Russia: New Trends
SOUTH AMERICA
Recent Brazilian Law on Thin Capitalization and on Payments to Tax Havens
LETTERS
Recent Developments In U.S. Patent Law
McDonald Hopkins Co., LPA, Cleveland
by Todd Benni

There have been a number of important decisions issued by the U.S. Supreme Court and the Federal Circuit Court that will have significant impact on U.S. patent law and the litigation resulting from the patents. A brief description of each case is set forth below.

The Microsoft and Therasense decisions appear to strengthen patents by making it more difficult to invalidate them during litigation. The Stanford decision makes it clear the importance of having the appropriate employment agreement in place with employee inventors, especially if the work was funded at least partially by U.S. federal funds. While the impact of these cases is somewhat speculative at this point, it is undisputable that these cases will have a significant impact. Only years from now will we be able to determine the true impact of these cases.

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