The Dispatch

Since its premier issue in January 1995, The Dispatch has explored a range of legal and business issues, including events affecting the open source software community, the effectiveness (or lack thereof) of the federal anti-spam statute in limiting unwanted email, the new Massachusetts tax law that targets IP holding companies, and more.

 

The Winter 2008 issue of The Dispatch looks at a variety if IP issues starting with changing requirements for damages in false advertising disputes. Learn also how to decipher patent expiration dates, and read our caution about the relative ease with which contract integration clauses can be circumvented. Finally, note our update on what to expect now that the new rules from the Patent and Trademark Office have been put on hold.

A Special Spring 2007 issue of our Newsletter covers The Supreme Court's ruling on April 30, 2007 in KSR v. Teleflex that may well alter the entire substantive base for examination of prior art and infringement litigation under the obvious subject matter provision of Section 103 in the Patent Act.  Bruce Sunstein offers an in-depth look at the decision and its likely impact on patent prosecution and infringement claims.

The Spring 2007 issue of our newsletter chronicles the fast changing IP environment. Erik Belt looks at the recently decided Medimmune, Inc. v. Genentech, Inc., et al. Jay Sandvos writes about the acceleration in patent applications and implications of same. Bob Asher reviews a growing segment of IP - Inter Partes Reexaminations. Tom Carey’s story in the National Law Journal on the recent Plavix case and generic drug wars is reprinted here. And, we mark an important moment in the firm’s leadership as two of our partners, Lee Bromberg and Julia Huston each become president of prominent bar associations.

The Fall 2006 issue of our Newsletter covers a number of important Intellectual Property issues. Justin Bernold writes an in-depth piece on clickwrap agreements which are growing in popularity in a range of on-line transactions. Julia Huston, who was a leader for its adoption, outlines the Model State Trademark bill which was signed into law in Massachusetts in August. Ed Dailey reviews the recent Supreme Court decision on injunctive relief in the eBay v. Mercexchange patent dust-up. And Maureen Toohey and Barbara Carter explain the ramifications of LabCorp v. Metabolite where the Supreme Court avoided a ruling on the boundaries to the patentability of inventions grounded in scientific principles.

The Spring 2006 issue of our Newsletter focuses on two IP issues which are frequently in the headlines. Ed Dailey and Keith Toms write about technology and copyright issues in Google's digital universe. Erik Belt and Bob Asher summarize the key issues from their amicus brief in eBay v MercExchange. In that case, the Supreme Court had been asked to rule on the appropriateness of injunctive relief in infringement cases involving patents which have not been reduced to practice by the patent holder.

The Winter 2006 Dispatch features Meredith Ainbinder's account of Bromberg & Sunstein's recent victory representing First Act Inc. before a jury that found Brooks Mays Music Company liable for commercial disparagement and other misdeeds. Tom Carey describes the provocatively liberal provisions of the new open-source license proposed by the Free Software Foundation.

In the Fall 2005 issue of The Dispatch, Ed Dailey tells how file-sharing took a hit in the Supreme Court's copyright infringement analysis in Grokster. In other articles, we explain that patentees can avert claim-construction disputes by including key definitions in the patent itself; show that selling accused products overseas can nonetheless expose you to patent infringement claims if the U.S. is where you make your contract to sell; and explore the ongoing tension between Googling a protected trademark and causing confusion of consumers.

The Spring 2005 issue of The Dispatch features an article by Tom Carey about the strengthening of the open source software community in light of the SCO v. IBM case. This issue also features articles on the recent Knorr-Bremse decision in the Federal Circuit, usage of decision tree risk analysis in making litigation decisions, and registering trademarks in the European Union.

The Winter 2004 issue of The Dispatch features articles on the new Massachusetts business corporation Act, the Uniform Electronic Transactions Act, and the federal CAN-SPAM Act and its effect (or lack thereof) on limiting unwanted email.

The Summer 2003 issue of The Dispatch features an article by Tom Carey regarding the ongoing copyright dispute between Disney and Stephen Slesinger, Inc. This issue also includes articles on: the new Massachusetts tax law that targets IP holding companies; an assessment of the new European community design law; and a discussion of the new top level Internet domain, .pro, for use by professionals.

The Winter 2003 issue of The Dispatch features an article that appeared in Investor's Business Daily in which Bruce Sunstein is quoted extensively on strategies for managing intellectual property. This issue also includes articles on: important court decisions in 2002 that have made patents even more valuable as business assets; changes to the international trademark registration process as a result of the pending implementation of the Madrid Protocol; and an alert to employers regarding HIPAA (Health Insurance Portability and Accountability Act of 1996) privacy compliance.

A special June 2002 edition of The Dispatch features an article by Bruce Sunstein discussing the U.S. Supreme Court decision that reversed the Federal Circuit in the Festo case and reopened the door to patent equivalents that the Federal Circuit slammed shut.

This Spring 2002 issue of The Dispatch features an article on "Clickwrap Licenses" written by Erik Belt. The article discusses lessons that software developers and purchasers should learn when dealing with clickwrap licenses. It also contains an article on Ford Motor Company and racing legend Carroll Shelby taking on counterfeiters, an article on trademark protection for product designs, and an article on the U.S. Supreme Court's upcoming review of copyright extensions.

Winter 2002. This issue of the Dispatch features a new look and new content. The articles draw on our recent experience assisting business clients and may represent a facet of our law firm that is new to you. It features an article by Tom Carey and Nicole Zawarski discussing the issuance of equity interests to employees of an LLC as a way to attract and retain key employees and consultants. This article discusses a mechanism permitting limited liability companies to approximate the incentive stock options now available only to corporations. Also included in this issue: an article regarding the laws regulating the rights of employees who seek leave from their jobs to serve in the United States military; an article on U.S. export control law; and an article regarding land use law.

In the wake of the September 11 terrorist attacks, Lisa Fleming has written a Dispatch Advisory, providing an overview of employee rights and employers' responsibilities with regard to military leave as members of the National Guard and Reserves are called up to active duty.

A special June 2001 edition of The Dispatch features an article by Julia Huston and Anne Marie Longobucco discussing ICANN's recent announcement of the availability of domain names in two new top level domains, .biz and .info. This article discusses the procedures for trademark owners interested in registering their marks in these domains.

The Spring 2001 issue of The Dispatch features an article by Bob Asher discussing the effects of the Federal Circuit Court's decision in the case of Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd., 234 F.3d 558 (Fed. Cir. 2000). This issue also includes articles on biotech patent strategies as new federal guidelines go into effect; copyright protection for web pages; ICANN protection of trademark rights in domain names; and news of an injunction obtained by the firm against a company violating our client's trademark rights on the Internet.

The Fall 2000 issue of The Dispatch features an article by Ed Dailey and Brian Donovan discussing the difficulty the FCC has had in applying regulations on the Internet, particularly "cable broadband" services. It also examines recent events that are likely to force the FCC to pursue open Internet access. This issue also includes articles on changes in the patent application process as the American Inventors Protection Act of 1999 goes into effect; patent clearance opinions; protection of famous and distinctive trademarks; e-contracts; the manner in which the SEC has tried to facilitate legitimate uses of the Internet; and news of a judgment obtained by the firm against an Internet-based company making unauthorized use of our client's famous mark.

The March 1999 issue of The Dispatch features an article by Ed Dailey and Bruce Sunstein exploring a series of decisions which have significantly expanded the boundaries for patenting software-related inventions. This issue also includes articles on IP nondisclosure agreements; incorporating close corporations; employment leave rights in Massachusetts; and Medicare + Choice.

The June 1998 issue of The Dispatch features an article by Sam Petuchowski discussing the issues raised as the Global Information Infrastructure begins to address intellectual property rights. This issue also includes articles on trademarks and the Internet; new proposals for the Internet domain name registration system; e-mail privacy in the workplace; and a favorable (and significant constitutional law) decision obtained by the firm in which the Massachusetts Supreme Judicial Court upheld enforcement of a non-disclosure agreement.

The February 1998 issue of The Dispatch features an article by Bruce Sunstein reviewing Xerox's antitrust challenges. This issue also includes articles on the importance of careful wording in drafting license agreements; implementing effective compliance for healthcare providers; an advisory to our clients to notify all employees regarding harassment policies; and a favorable decision obtained by the firm in which the Court of Appeals upheld a jury's verdict that our client did not infringe a competitor's patent for a medical device.

The April 1997 issue of The Dispatch features an article by Bruce Sunstein which discusses the decision by the U.S. Supreme Court in the case of Warner-Jenkinson Co. Inc. v. Hilton Davis Chemical Co. and its important strategic implications for intellectual property. This issue also includes articles on tax developments; health care regulations addressed by the Congress; and an explanation of recent trade secrets legislation for Massachusetts introduced by Representative Paul C. Casey.

The Fall 1996 issue of The Dispatch features an article by Kerry Timbers discussing the significance of the ProCD v. Zeidenberg decision regarding shrinkwrap software licenses. This issue also includes articles on trademark assignments; and the limitations on medical procedure patents.

The September 1996 issue of The Dispatch features an article by Ed Dailey advising our clients on employer requirements in light of Massachusetts' 1996 sexual harassment law. This issue also includes an article on new rules for employee severance agreements.

The January 1995 issue of The Dispatch features an article by Bruce Sunstein discussing the significance of U.S. patent law changes. In the wake of the signing of the GATT treaty, a U.S. patent will expire 20 years after its filing date. Bruce explains how this law will affect applicants, examines new tools for patent filing, and gives useful practice tips to patent applicants.