Commercial Litigation and Intellectual Property
DRI Commercial Litigation Committee
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Survey of Proposed Patent Lawsuit Reform Bills in Congress (Part 3)
Robert Wagner 7/29/2013

In a growing response to concerns about patent “trolls” and the tactics they use in litigation, the President and Congress are calling for changes in the patent laws to assist the targets of these patent assertion entities (PAEs). Currently, there are six bills pending in Congress that address, in some respect, these concerns. view more

Supreme Court Rules That Genes Are Not Patentable Subject Matter
Robert Wagner 6/14/2013

Today, the United States Supreme Court unanimously ruled in Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, that a naturally-occurring DNA segment (or gene) is not patent eligible even if it has been isolated from a genome (reversing the Federal Circuit). The Court also ruled that cDNA (complementary DNA) is patent eligible because it is not naturally occurring (affirming the Federal Circuit). view more

Speaking of . . . Insurance Coverage | Is There Coverage for Alleged “Disparagement” of Another Company’s Product? One California Appeals Court Says Yes, Another One Says No, On Same Policy Language
Walter E. Judge Jr. 2/15/2013

We previously discussed the troubling issues of: a)whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b)which of your policies is the one(s) you should be looking to for possible coverage when you get sued for infringement. And for a great discussion of insurance coverage for IP infringement claims generally under the “Advertising Injury” clause of a standard commercial general liability policy, see Dan Graham’s article in the DRI insurance coverage newsletter. view more

Speaking of . . . Copyrights | Did Avatar Rip Off Bats and Butterflies? California Court Says No.
Walter E. Judge Jr. 1/10/2013

Misunderstood heroes. Space travel. Alien worlds. Humanoids. Greed. Imperialism. Violence. Exploitation. Intercultural war. Redemption. And Copyright Infringement? Everyone’s seen the movie Avatar. How many people have read the book Bats and Butterflies? How many people have even heard of it? The author of Bats and Butterflies alleges that James Cameron’s Avatar is a rip-off. view more

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