MIP Search | Managing Intellectual Property

A new curb on the doctrine of equivalents

The doctrine of equivalents may not be used to cover unclaimed subject matter disclosed in a US patent application. This was the holding of the Court of Appeals for the Federal Circuit (sitting en banc), in Johnson and Johnston Associates, Inc v RE Service Co (62 USPQ 2d 1225(March 28 2002)). This conclusion was contrary to the Supreme Court's majority opinion in Graver Tank & Mfg Co v Linde Air Products (339 US 605, 609 (1950)).

Managing IP Correspondent, May 31 2002

MIP awards 2002

MIP hosted a reception at the Grand Hyatt in Washington DC on May 21 during the INTA Conference. Over 250 guests attended the party, including award winners from the leading firms in the World IP Survey and Emerging Markets Survey. Pictures of some of the award winners, and MIP staff, are shown.

Managing IP Correspondent, May 31 2002

Beware of the pirates

Better safe than sorry: even companies with no immediate intention of doing business in China should register their trade marks there. If not they could find themselves paying a lot of money in the future to prove fame, warns Gary Fechter

Managing IP Correspondent, May 31 2002

Patenting human stem cells – EGE advocates caution

On May 7 the European Group on Ethics in Science and New Technologies (EGE) presented to the Commission its latest opinion 'Ethical aspects of patenting involving human stem cells'. The opinion aims to define the conditions and limits of the patenting of stem cells.

Managing IP Correspondent, May 31 2002

Supreme Court overturns Festo

Sam Mamudi, London

Managing IP Correspondent, May 31 2002

Viacom fails in its claim to domain name mtv.com.sg

The landmark first domain name dispute to be put through the recently-launched formal resolution process in Singapore has been settled in favour of the registrant-respondent with entertainment giant Viacom International failing in its attempt to claim the domain name mtv.com.sg.

Managing IP Correspondent, May 31 2002

IN BRIEF: AMERICAS

? Canada: The Supreme Court reserved judgment on whether a genetically modified mouse, an experiment by Harvard University for cancer research, can be patented. The Federal Court of Appeal ruled in 2000 that patenting animals is not illegal. A decision is expected next autumn.

Managing IP Correspondent, May 31 2002

Exchanging MP3 files: the battle continues

Downloading free music in the form of MP3 files has been a point of discussion for a long time now. Only last year Napster, a file exchange program mainly used for music files, was closed down by a US judge. However, a Netherlands competitor to Napster, KaZaA, recently survived a controversial case against Buma/Stemra, the Netherlands agency for collecting copyrights.

Managing IP Correspondent, May 31 2002

LG attacked in Chinese first

Ralph Cunningham, Hong Kong

Managing IP Correspondent, May 31 2002

Battle looms over Captain America

Ownership rights could be reclaimed by thousands of musicians and writers in the US if the creator of the Captain America character is successful in his battle with Marvel Enterprises, the publishing company.

Managing IP Correspondent, May 31 2002

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