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Jessica Chesher

Managing Editor

Innovation eReview

November 2008 Edition

In This Issue:

Welcome Message

Welcome to the November 2008 edition of the Innovation e-Review newsletter.

This edition’s feature article, by Selwyn Goldberg, Sara Harrington, Cathy Kirkman, Clark Asay, and Catalin Cosovanu of Wilson Sonsini Goodrich & Rosati, PC, addresses the Federal Circuit’s recent holding that a licensee’s failure to comply with the attribution and other requirements set forth in an open source software license constitutes copyright infringement and outlines the possible implications of this decision for users and developers of open source software.

We welcome your thoughts and comments. Please feel free to contact us at nysstlc@law.syr.edu. Thank you.

Feature Article: Court of Appeals for the Federal Circuit Issues Open Source Opinion

by Selwyn Goldberg, Sara Harrington, Cathy Kirkman, Clark Asay, and Catalin Cosovanu

Reprinted with permission from Wilson Sonsini Goodrich & Rosati, PC

On August 13, 2008, the United States Court of Appeals for the Federal Circuit (CAFC) issued an opinion in Robert Jacobsen v. Matthew Katzer and Kamind Associates, Inc. that merits careful consideration by companies and individuals that use or release open source software (OSS).  More....

Intellectual Property News: Egyptian Goddess, Inc. v. Swisa, Inc.: Court of Appeals for the Federal Circuit Clarifies Design Patent Infringement Test

by Alison M. Taroli and Elizabeth A. Urciuoli

On September 22, 2008, the U.S. Court of Appeals for the Federal Circuit (“CAFC”), in Egyptian Goddess, Inc. v. Swisa, Inc., rejected the “point of novelty” test for design patent infringement, thereby lowering the applicable infringement standard and strengthening the potential value of design patents.  More....

Intellectual Property News: Senate Passes Orphan Works Act Over Copyright Owners’ Objections

by Erin Lawless

On September 26, 2008, the U.S. Senate passed the Shawn Bentley Orphan Works Act of 2008 (“Orphan Works Act”) (S. 2913), which would limit the civil remedies for copyright infringement of “orphan works” – copyrighted works whose owners cannot be identified or located.  More....

Industry News: Studies Estimate Many Patentable Discoveries Diverted From Universities to Industry

by Olivia Y. Truong

A recent study by researchers at the University of Georgia (“UGA”) concludes that as much as one-third of patentable research conducted on university campuses may be improperly diverted to industry. The UGA study, which tracked 7,650 patented discoveries in the areas of biomedicine, information science, and engineering at fifty-four universities over a fourteen-year period, also suggests that the most valuable university research (as measured by the frequency with which resulting patents are cited in subsequent patents) may be the most likely to be diverted to industry.  More....

Industry News: Provisional Patent Applications Likely to Increase During Economic Downturn

by Erin Lawless

In a sluggish economy, an increasing number of early-stage startups are expected to file provisional patent applications in order to trim their patent-related legal expenses. Provisional patent applications permit filers to claim a priority filing date and “patent pending” status for 12 months until a standard patent application is filed.  More....

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