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Top Tens In 2011: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Top Tens In 2011: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This paper discusses notable intellectual property law cases in the United States in 2011. Patent cases addressed such issues as the scope of patent subject matter (the patentability of human genes and methods for testing for genetic links to cancer), the standards for challenges to the validity of patents (such as where technology that was not considered by the patent office is put in evidence), and the breadth of patent protection (especially with respect to the scope of protection for software patents). Other cases tested the borders of trademark protection – distinctiveness, functionality, and the interplay between trademark law and …