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Tag: ‘Intellectual Property’

Patenting Biologicals: Myriad Issues and Options in the Wake of Myriad

Science, like law, is in pursuit of an esthetic of symmetry wherein the apparent messiness of natural phenomena and human behavior can be reified into results that closely approximate if not capture the forms of truth and justice. When the two esthetics intersect, as in debates about patent eligibility of biologicals, the challenges are rich for lawyers, scientists, […]

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The Changing Face & Sound of Music

Changing technology offers artists and listeners alike new opportunities to connect but the very pace of such change challenges artists, songwriters, and recording companies to find new ways to safeguard and derive income from their intellectual property.   Music has power and is everywhere.  It accompanies us on the drive to work, in the elevator, […]

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Trade Secrets: Not Just for IP Lawyers Anymore

Changes in business culture and technology over the past 30 years have increased the risk that businesses will suffer theft of their trade secrets.  Litigation to enforce a trade secret claim can be both difficult and expensive; better to identify and protect such secrets in advance. Trade secrets, patents, protecting business information. In the age […]

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Small Packages: Ex Parte Property Seizures under Rule 65

Sometimes intellectual property infringement cases present a dilemma: if relief is sought and the opposing party given notice, the property in dispute may disappear. Courts must balance preserving the evidence against respondent’s right to due process. Tension between competing interests and perspectives is the hallmark of an adversarial system; this is only natural. The need […]

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Due Diligence in Drafting: Copyrights in Legal Documents

Imitation, it’s said, is the most sincere form of flattery. But copying a work — including a legal document — in which someone else holds copyright may not be perceived as simply flattering, and may lead to allegations of infringement and a suit for damages.  No one likes to reinvent the wheel. A smart lawyer confronted with […]

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