Baker Manock & Jensen : Attorneys at Law

Baker Manock & Jensen : Attorneys at Law

PUBLICATIONS

Our publications are available as downloadable pdfs. To download, click on the title.

IDEAS ON INTELLECTUAL PROPERTY LAW

Baker Manock & Jensen's Year End 2009 issue of Ideas on Intellectual Property features a back-page article by Sherrie Flynn discussing whether method claims for treating disease are patentable.

Also included in this issue:

Taking a swing at the first sale doctrine. When a distributor sold a manufacturer’s goods to a reseller, the manufacturer found out when customers began calling them with now-invalid warranty request. The distributor claimed it was protected by the “first sale” doctrine. This article discusses the Tenth Circuit’s ruling, while a sidebar looks at whether the distributor’s disclosure notice was sufficient to give it protection.

Rough waters. The Federal Circuit had to decide whether an employee had standing when he sued his employer over a patent he assisted with and declared himself to be a co-inventor of.

Fair or Foul? The Fourth U.S. Circuit Court of Appeals faced the issue of whether commercial use that merely archives a work without adding anything to the work qualifies as “transformative.”

Federal Circuit clarifies double patenting test. The doctrine of double patenting is intended to prevent unjustified extension of patent exclusivity beyond the terms of a patent. In one recent case, the U.S. Court of Appeals for the Federal Circuit ruled that the two-way test is appropriate only in limited circumstances.