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Searching Content indexed under Publishing by McDermott Will & Emery ordered by Published Date Descending.
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No Presumption Of Validity If Long Hiatus Between Publication And Registration
Addressing a copyright infringement claim in which 20 years passed between the date of first publication and the date of registration, the U.S. Court of Appeals for the First Circuit upheld the lower court’s dismissal of the claim.
United States
3 Oct 2007
2
English Judge Denies Protection to Historical Faction
In a case where two authors sued the publisher of Dan Brown’s bestseller, "The Da Vinci Code" (DVC), and delayed the release of the Hollywood film starring Tom Hanks, the Judge, following established case law, held that the ideas that were copied were too general to be capable of protection. Baigent and Leigh v. Random House Group Limited, Case No. HC04C 03092 (High Court of Justice, Chancery Division Apr. 7, 2006) (P. Smith, J.).
United States
13 Jun 2006
3
Foreign Sales May Enable an Otherwise Non-Enabling Publication
In a matter of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that evidence of the foreign sale of a claimed reproducible plant selection may enable an otherwise non-enabled printed publication disclosing that plant, thus creating a 35 U.S.C. §102(b) bar.
United States
1 Oct 2004
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