Our Firm's Newsletters

The Dispatch, our biannual publication, explores legal developments that affect the business and intellectual property concerns of our clients.

Our monthly Intellectual Property Update sheds light on important IP events and decisions from the preceding weeks.

Index to Our Newsletters

IP Update, July 2008

Conflicting judicial opinions from France and New York leave eBay and other internet businesses confused about their legal responsibilities. More. . .
We are monitoring patent reexamination proceedings in the PTO and noticing distinct trends that may be discouraging to patent owners. More. . .
Speedo swimsuits are all the rage among Olympic swimmers. We look at the technology behind the hoopla. More. . .
The National Geographic Society republished its own magazines in CD-ROM format and found itself embroiled in a copyright dispute involving material it once owned outright. More. . .
Absent careful planning, licensing a patent among corporate affiliates can be detrimental to its enforceability, as Mars, Inc. learned recently. More. . .

Dispatch, Summer 2008

The risk of claims rejection or invalidation for indefinite statement of claims. More. . .
Is the Federal Circuit moving away from the presumption of patent validity? More. . .
A quick success strategy for accelerated patent examination.
More. . .
Notes from Julia Huston on a year of service as President of the Women's Bar Association of Massachusetts. More. . .

IP Update, June 2008

"I bought it, I own it" – The United States Supreme Court extends principle that patent owner can't sue downstream buyer for infringement. More. . .
A federal court says it may be legal for third-party purchaser to resell software on eBay, free and clear of the original license terms. More. . .
Intentionally concealing basic prior art might not constitute inequitable conduct by patentee, Federal Circuit rules. More. . .
Ten-year battle by Victoria's Secret is clinched by application of new trademark dilution law. More. . .
In a new report, the FTC identifies a continuing trend in patent litigation: brand drug companies make “reverse payments” to generic drug companies, and the generic drug makers delay their market launch. While the FTC talks tough against this practice, it seldom litigates against it. More. . .
A $25 million judgment against Sears accentuates the value of trade-secret protection and of a good non-disclosure agreement. More. . .

IP Update, May 2008:

Appellate court rejects brand-drug maker’s tactic for hindering generic-drug maker from challenging patents covering brand drug. More . . .
Oral argument in major case over business-method patents foretells continuing viability of software patents. More. . .
What makes a patent claim indefinite and therefore invalid?
More. . .
Recovering the Superman copyright – A tale of termination rights. More. . .
PTO appeals from rejection of its proposed patent-prosecution rules. More. . .
Professor calls into question constitutionality of patent appeals judges. More. . .
Memory-chip maker escapes industry standards-setting snafu. More. . .

IP Update, April 2008:

Court rejects PTO’s proposed new patent-prosecution rules.
More. . .
Supreme Court: Erroneous arbitration decisions cannot be reviewed even if parties agree. More. . .
FDA’s “safe harbor” rules apply to method patents no less than to product patents. More. . .
Our firm makes good use of PTO’s new accelerated patent-examination procedure. More. . .

Dispatch, Winter 2008:

Changing requirements for damages in false advertising disputes. More. . .
How to decipher patent expiration dates. More. . .
The potentially worrisome ease of circumventing contract integration clauses. More. . .
What to expect now that the new rules from the Patent and Trademark Office have been put on hold. More. . .

Dispatch, Spring 2007 (special issue)

Supreme Court’s decision in KSR v. Teleflex makes it easier to challenge a patent on the basis of obviousness. More. . .

Dispatch, Spring 2007

Licensee can challenge validity of licensor’s patent even while doing business under the license, says Supreme Court in Medimmune opinion. More. . .
Reflections on the role of patents in one’s overall business strategy. More. . .
The growing prominence of inter partes patent-reexamination procedures. More. . .
Plavix case illustrates perils of generic drug wars. More. . .

Dispatch, Fall 2006

How to build a better clickwrap license. More. . .
Our firm’s role in overhauling Massachusetts trademark law.
More. . .
In wake of Supreme Court’s eBay decision, a patentee who proves infringement faces a steeper challenge in obtaining injunctive relief. More. . .
Supreme Court dodges opportunity to define the boundaries of patents for medical treatments grounded in basic scientific principles. More. . .

Dispatch, Spring 2006

Courts cede to the marketplace a major role in balancing technology and copyright in the digital universe
Details on our firm’s amicus brief in Supreme Court’s eBay case on the appropriateness of injunctive relief for patentees who have not reduced their invention to practice

Dispatch, Winter 2006

An account of our firm’s victory representing a maker of musical instruments before a jury that found a rival liable for commercial disparagement and other misdeeds.
We describe the provocatively liberal provisions of the new open-source license proposed by the Free Software Foundation

Dispatch, Fall 2005

File-sharing takes a hit in the Supreme Court's copyright infringement analysis in Grokster
Patentees can avert claim-construction disputes by including key definitions in the patent itself
Selling accused products overseas can nonetheless expose you to patent infringement claims if the U.S. is where you make your contract to sell
On-line advertising: Geico v. Google reveals ongoing tension between keyword searches and trademark infringement

Dispatch, Spring 2005

Open-source software community gains strength from SCO v. IBM decision
Accused infringers no longer to suffer adverse inference of willful infringement from failure to obtain opinion of counsel, says circuit court
Introduction to decision-tree risk analysis: Innovative approach to determining the value of a lawsuit
European trademark protection is now cheaper and simpler

Dispatch, Winter 2004

We highlight the major changes to the new business corporation act in Massachusetts
How effective is recent federal law in curbing spam
Massachusetts adopts electronic transactions legislation

Dispatch, Summer 2003

Important licensing lessons from copyright battle over Winnie the Pooh
New Massachusetts tax law targets IP holding companies
We assess the new European Community design law
Top-level domain name .pro becomes available for use by professionals

Dispatch, Winter 2003

Reprint of Investor’s Business Daily article quoting Bruce Sunstein on strategies for managing intellectual property
Important court decisions in 2002 have enhanced the value of patents as business assets
Changes to the international trademark registration process resulting from the pending implementation of the Madrid Protocol
An alert to employers regarding HIPAA (Health Insurance Portability and Accountability Act of 1996) privacy compliance

Dispatch, special June 2002 edition

Supreme Court’s Festo decision addresses the effect that a narrowing amendment in a patent application has on the later availability of the doctrine of equivalents

Dispatch, Spring 2002

Lessons for software developers and purchasers from the debate over the enforceability of clickwrap licenses
An account of our representation of race car designer Carroll Shelby against the manufacturers of counterfeit COBRAs
The challenges of gaining trademark protection for product designs, and the effectiveness of consumer surveys in this context
Supreme Court to consider the constitutionality of further copyright extension

Dispatch, Winter 2002

Issuing equity interests in an LLC to attract and retain key employees
An advisory on the rights of employees who seek leave to serve in the military
An advisory on tightened export controls
Land use: Strategic considerations in seeking special permits, variances, and zoning amendments

Dispatch, June 2001 (special edition)

Procedures for trademark owners interested in registering their marks in two new top level domains, .biz and .info

Dispatch, Spring 2001

Narrowing of patent protection under doctrine of equivalents calls for new approaches to patent prosecution
New PTO guidelines require fresh biotech patent strategies
Copyright protection for web pages
UDRP’s effectiveness in protecting against domain name violations of trademark rights in domain names
How our firm won an injunction against a company violating our client's trademark rights on the Internet

Dispatch, Fall 2000

The FCC struggles with requiring cable companies to provide Internet access
Patent applications must now be published: Reduced confidentiality may be balanced by broader availability of damages
Competent clearance opinions can reduce exposure to patent infringement damages
Anti-dilution law protects famous and distinctive trademarks
Electronic signature law facilitates Internet commerce
SEC ventures into regulation of stock offerings over the Internet
Our firm’s success in protecting a famous mark against infringement and dilution by an e-commerce company

Dispatch, March 1999

State Street Bank decision puts software patents on solid footing
Protecting intellectual property through nondisclosure agreements
Which state’s fiduciary laws govern the conduct of close-corporation shareholders
Family-leave rights in Massachusetts
Medicare + Choice program may not achieve aim of reducing healthcare costs

Dispatch, June 1998

Our firm vindicates employment-related nondisclosure agreement against Anti-SLAPP challenge
The Global Information Infrastructure begins to address international protection of IP rights
Trademark disputes accompany explosion of e-commerce
Massachusetts privacy law limits unannounced monitoring of employee e-mails
New proposals for domain-name registration

Dispatch, February 1998

Xerox decision illustrates that patent protection can trump antitrust challenge
Our firm’s successful defense of medical-device maker against an infringement suit hinges on advocacy for narrow reading of means-plus-function patent claims
Careful drafting can prevent a license from exceeding licensor’s intended grant of rights
Implementing effective compliance for healthcare providers
Advisory to our clients: Notify employees regarding harassment policies

Dispatch, April 1997

Supreme Court, in Warner-Jenkinson, introduces important new limitations on patentee’s ability to show infringement under the doctrine of equivalents
In-state use of IP can subject out-of-state corporation to statetaxation
Congressional bills address significant healthcare issues
Trade secret legislation is introduced in Massachusetts

Dispatch, Fall 1996

Federal appeals court validates shrinkwrap software licenses
Trademark tribunal cancels a registration due to invalid assignment of trademark application
New federal law bars suits asserting physician’s infringement of patented medical procedure

Dispatch, September 1996

Massachusetts law now requires written anti-harassment policy for employers
Federal appeals court bars severance agreements that prohibit an employee from assisting governmental investigations

Dispatch, January 1995

Major changes in U.S. patent law: In the wake of the signing of the GATT treaty, a patent will expire 20 years after its filing date. We explain how this and other changes will affect applicants, examine new tools for patent filing, and give practice tips to patent applicants

	Articles Our Newsletters Press Room Speaking Engagements Other Useful IP Links	Our Firm's Newsletters The Dispatch, our biannual publication, explores legal developments that affect the business and intellectual property concerns of our clients. Our monthly Intellectual Property Update sheds light on important IP events and decisions from the preceding weeks. Index to Our Newsletters IP Update, July 2008 Conflicting judicial opinions from France and New York leave eBay and other internet businesses confused about their legal responsibilities. More. . . We are monitoring patent reexamination proceedings in the PTO and noticing distinct trends that may be discouraging to patent owners. More. . . Speedo swimsuits are all the rage among Olympic swimmers. We look at the technology behind the hoopla. More. . . The National Geographic Society republished its own magazines in CD-ROM format and found itself embroiled in a copyright dispute involving material it once owned outright. More. . . Absent careful planning, licensing a patent among corporate affiliates can be detrimental to its enforceability, as Mars, Inc. learned recently. More. . . Dispatch, Summer 2008 The risk of claims rejection or invalidation for indefinite statement of claims. More. . . Is the Federal Circuit moving away from the presumption of patent validity? More. . . A quick success strategy for accelerated patent examination. More. . . Notes from Julia Huston on a year of service as President of the Women's Bar Association of Massachusetts. More. . . IP Update, June 2008 "I bought it, I own it" – The United States Supreme Court extends principle that patent owner can't sue downstream buyer for infringement. More. . . A federal court says it may be legal for third-party purchaser to resell software on eBay, free and clear of the original license terms. More. . . Intentionally concealing basic prior art might not constitute inequitable conduct by patentee, Federal Circuit rules. More. . . Ten-year battle by Victoria's Secret is clinched by application of new trademark dilution law. More. . . In a new report, the FTC identifies a continuing trend in patent litigation: brand drug companies make “reverse payments” to generic drug companies, and the generic drug makers delay their market launch. While the FTC talks tough against this practice, it seldom litigates against it. More. . . A $25 million judgment against Sears accentuates the value of trade-secret protection and of a good non-disclosure agreement. More. . . IP Update, May 2008: Appellate court rejects brand-drug maker’s tactic for hindering generic-drug maker from challenging patents covering brand drug. More . . . Oral argument in major case over business-method patents foretells continuing viability of software patents. More. . . What makes a patent claim indefinite and therefore invalid? More. . . Recovering the Superman copyright – A tale of termination rights. More. . . PTO appeals from rejection of its proposed patent-prosecution rules. More. . . Professor calls into question constitutionality of patent appeals judges. More. . . Memory-chip maker escapes industry standards-setting snafu. More. . . IP Update, April 2008: Court rejects PTO’s proposed new patent-prosecution rules. More. . . Supreme Court: Erroneous arbitration decisions cannot be reviewed even if parties agree. More. . . FDA’s “safe harbor” rules apply to method patents no less than to product patents. More. . . Our firm makes good use of PTO’s new accelerated patent-examination procedure. More. . . Dispatch, Winter 2008: Changing requirements for damages in false advertising disputes. More. . . How to decipher patent expiration dates. More. . . The potentially worrisome ease of circumventing contract integration clauses. More. . . What to expect now that the new rules from the Patent and Trademark Office have been put on hold. More. . . Dispatch, Spring 2007 (special issue) Supreme Court’s decision in KSR v. Teleflex makes it easier to challenge a patent on the basis of obviousness. More. . . Dispatch, Spring 2007 Licensee can challenge validity of licensor’s patent even while doing business under the license, says Supreme Court in Medimmune opinion. More. . . Reflections on the role of patents in one’s overall business strategy. More. . . The growing prominence of inter partes patent-reexamination procedures. More. . . Plavix case illustrates perils of generic drug wars. More. . . Dispatch, Fall 2006 How to build a better clickwrap license. More. . . Our firm’s role in overhauling Massachusetts trademark law. More. . . In wake of Supreme Court’s eBay decision, a patentee who proves infringement faces a steeper challenge in obtaining injunctive relief. More. . . Supreme Court dodges opportunity to define the boundaries of patents for medical treatments grounded in basic scientific principles. More. . . Dispatch, Spring 2006 Courts cede to the marketplace a major role in balancing technology and copyright in the digital universe Details on our firm’s amicus brief in Supreme Court’s eBay case on the appropriateness of injunctive relief for patentees who have not reduced their invention to practice Dispatch, Winter 2006 An account of our firm’s victory representing a maker of musical instruments before a jury that found a rival liable for commercial disparagement and other misdeeds. We describe the provocatively liberal provisions of the new open-source license proposed by the Free Software Foundation Dispatch, Fall 2005 File-sharing takes a hit in the Supreme Court's copyright infringement analysis in Grokster Patentees can avert claim-construction disputes by including key definitions in the patent itself Selling accused products overseas can nonetheless expose you to patent infringement claims if the U.S. is where you make your contract to sell On-line advertising: Geico v. Google reveals ongoing tension between keyword searches and trademark infringement Dispatch, Spring 2005 Open-source software community gains strength from SCO v. IBM decision Accused infringers no longer to suffer adverse inference of willful infringement from failure to obtain opinion of counsel, says circuit court Introduction to decision-tree risk analysis: Innovative approach to determining the value of a lawsuit European trademark protection is now cheaper and simpler Dispatch, Winter 2004 We highlight the major changes to the new business corporation act in Massachusetts How effective is recent federal law in curbing spam Massachusetts adopts electronic transactions legislation Dispatch, Summer 2003 Important licensing lessons from copyright battle over Winnie the Pooh New Massachusetts tax law targets IP holding companies We assess the new European Community design law Top-level domain name .pro becomes available for use by professionals Dispatch, Winter 2003 Reprint of Investor’s Business Daily article quoting Bruce Sunstein on strategies for managing intellectual property Important court decisions in 2002 have enhanced the value of patents as business assets Changes to the international trademark registration process resulting from the pending implementation of the Madrid Protocol An alert to employers regarding HIPAA (Health Insurance Portability and Accountability Act of 1996) privacy compliance Dispatch, special June 2002 edition Supreme Court’s Festo decision addresses the effect that a narrowing amendment in a patent application has on the later availability of the doctrine of equivalents Dispatch, Spring 2002 Lessons for software developers and purchasers from the debate over the enforceability of clickwrap licenses An account of our representation of race car designer Carroll Shelby against the manufacturers of counterfeit COBRAs The challenges of gaining trademark protection for product designs, and the effectiveness of consumer surveys in this context Supreme Court to consider the constitutionality of further copyright extension Dispatch, Winter 2002 Issuing equity interests in an LLC to attract and retain key employees An advisory on the rights of employees who seek leave to serve in the military An advisory on tightened export controls Land use: Strategic considerations in seeking special permits, variances, and zoning amendments Dispatch, June 2001 (special edition) Procedures for trademark owners interested in registering their marks in two new top level domains, .biz and .info Dispatch, Spring 2001 Narrowing of patent protection under doctrine of equivalents calls for new approaches to patent prosecution New PTO guidelines require fresh biotech patent strategies Copyright protection for web pages UDRP’s effectiveness in protecting against domain name violations of trademark rights in domain names How our firm won an injunction against a company violating our client's trademark rights on the Internet Dispatch, Fall 2000 The FCC struggles with requiring cable companies to provide Internet access Patent applications must now be published: Reduced confidentiality may be balanced by broader availability of damages Competent clearance opinions can reduce exposure to patent infringement damages Anti-dilution law protects famous and distinctive trademarks Electronic signature law facilitates Internet commerce SEC ventures into regulation of stock offerings over the Internet Our firm’s success in protecting a famous mark against infringement and dilution by an e-commerce company Dispatch, March 1999 State Street Bank decision puts software patents on solid footing Protecting intellectual property through nondisclosure agreements Which state’s fiduciary laws govern the conduct of close-corporation shareholders Family-leave rights in Massachusetts Medicare + Choice program may not achieve aim of reducing healthcare costs Dispatch, June 1998 Our firm vindicates employment-related nondisclosure agreement against Anti-SLAPP challenge The Global Information Infrastructure begins to address international protection of IP rights Trademark disputes accompany explosion of e-commerce Massachusetts privacy law limits unannounced monitoring of employee e-mails New proposals for domain-name registration Dispatch, February 1998 Xerox decision illustrates that patent protection can trump antitrust challenge Our firm’s successful defense of medical-device maker against an infringement suit hinges on advocacy for narrow reading of means-plus-function patent claims Careful drafting can prevent a license from exceeding licensor’s intended grant of rights Implementing effective compliance for healthcare providers Advisory to our clients: Notify employees regarding harassment policies Dispatch, April 1997 Supreme Court, in Warner-Jenkinson, introduces important new limitations on patentee’s ability to show infringement under the doctrine of equivalents In-state use of IP can subject out-of-state corporation to statetaxation Congressional bills address significant healthcare issues Trade secret legislation is introduced in Massachusetts Dispatch, Fall 1996 Federal appeals court validates shrinkwrap software licenses Trademark tribunal cancels a registration due to invalid assignment of trademark application New federal law bars suits asserting physician’s infringement of patented medical procedure Dispatch, September 1996 Massachusetts law now requires written anti-harassment policy for employers Federal appeals court bars severance agreements that prohibit an employee from assisting governmental investigations Dispatch, January 1995 Major changes in U.S. patent law: In the wake of the signing of the GATT treaty, a patent will expire 20 years after its filing date. We explain how this and other changes will affect applicants, examine new tools for patent filing, and give practice tips to patent applicants	Explore Related Links About Us Community Involvement