More IP-related Stories

  • Gunn v. Minton came down last week, holding that the issue of patent law involved in the malpractice claim of that case did not constitute a federal question and thus did not strip the state of jurisdiction.There’s a fair bit of analysis already.
  • Dan Burk has an article up on Stanford Law Review Online exploring patentable subject matter. The discussion is focused around the Myriad Genetics case, which astute readers will recall was previously discussed here. On a related note, Jeffrey Leftsin discusses Myriad’s “pre-history” in a guest post at Patently-O. H/T Concurring Opinions.
  • We previously reported that oral arguments in Bowman v. Monsanto were available. There’s some commentary now at Patently-O and Groklaw. The consensus seems to be that the Court will side with Monsanto – bearing in mind it is hard to predict anything from oral arguments. That said, the questions are interesting and dive into the heart of the case. Good reading for anyone interested.
  • Julie Hopkins writes at IPWatchDog about emerging patent law policy issues for 2013. This would be a good place to look for SIPS members interested in patent law topics. She discusses the patentability of a human gene (see the Myriad discussions referenced above), potential new legislation regarding NPEs and patent pools, the implementation of the AIA first-to-file system, and implementation of the Patent Law Treaties Implementation Act of 2012.
  • In trademark news, Ilya Somin over at the Volokh Conspiracy is amused that the Yankees claim ownership of the phrase Baseballs Evil Empire. “In short, the record shows that there is only one Evil Empire in baseball and it is the New York Yankees. Accordingly, we find that [the Yankees] have a protectable trademark right in the term . . . as used in connection with baseball.”
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