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COPYRIGHTS

 

Photographers –Computer Service Providers

The display of “thumbnail” versions of copyrighted photographs by Google’s image search engine constituted direct copyright infringement, but avoided liability because it was a fair use under the Copyright Act due to its highly transformative nature (i.e., served a function different from that of the original images and one of great public benefit).

Perfect 10 Inc. v. Amazon.com, Inc., 487 F.3d 701 (9th Cir. 2007)

http://www.ca9.uscourts.gov

 

 

PATENTS

 

Business Method Patent Applications - Federal Circuit -  In re Bilski

The Federal Circuit’s en banc decision that clarified the standards of patentability of claims in a patent application that are directed to “business methods.”  The Federal Circuit confirmed that business methods remain patentable, but are subject to the “machine-or-transformation” test adopted by the US Supreme Court.

                www.cafc.uscourts.gov/opinions/07-1130.pdf

 

USPTO – Obviousness

Examination Guidelines for Determining Obviousness under 35 USC 103 in view of the Supreme Court’s Decision in KSR International Co. v. Teleflex, Inc.

            http://www.uspto.gov/web/offices/com/sol/notices/72fr57526.pdf

 

US Supreme Court - Obviousness Test

The decision by the Supreme Court of the United States that pared back the Federal Circuit’s TSM test and outlined an inventive step test for determining obviousness.

http://www.supremecourtus.gov/opinions/06pdf/04-1350.pdf

 

Antitrust

Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition: A Report Issued By the U.S. Department of Justice and the Federal Trade Commission (April 2007)

 www.ftc.gov/reports/innovation/P040101PromotingInnovationandCompetitionrpt0704.pdf

 

 

DISCOVERY

 

Legal Documents

Finding and removing metadata (hidden information) in your legal documents

            http://office.microsoft.com/en-us/help/HA010776461033.aspx