The IP Beacon, June 2009


The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law. Articles featured in the June 2009 issue include: 

False Press Release by Patent Infringement Defendants Nets District Court Sanctions:

The United States District Court for the Eastern District of Virginia recently issued significant sanctions against three defendants to a patent infringement suit when the Defendants failed to appear and answer, and then issued a press release containing false and misleading statements about the litigation and actions taken by the United States Patent and Trademark Office (“USPTO”).

ICANN’S New Attack Against Domain Name Tasting:

On April 1, 2009, the Internet Corporation for Assigned Names and Numbers (“ICANN”) took its first major step to curtail so called “domain name tasting,” the disruptive practice where domainers have been registering millions of domain names each month—for free—just to see which ones generated the highest keyword advertising revenue. ICANN has adopted a new Policy that it believes will bring the practice of domain name tasting to an end. 

Patent Legislation Update:

The Senate Judiciary Committee recently passed the 2009 Patent Reform Bill, clearing the way for a full Senate vote. The bill includes a post-grant review procedure and an interlocutory appeal provision for claim interpretation issues, both of which are viewed favorably by many corporate patent holders. However, some reform advocates are not satisfied with the the bill because it does not provide clarity on infringer damages and limitations on forum shopping by non-practicing entities holding patent rights.

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