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FTC Thinks Surround Sound Comparable to Stereo.

The FTC decided, after public comment, to retain the Amplifier Rule, which is for consumers to compare power outputs of amps used in home entertainment products. http://www.ftc.gov/opa/2008/02/amp.shtm...

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An Economy of Terms.

Of late, most of my posts are on Twitter.  Work, school and play are causing me to cramp down my expressiveness to 140 characters. Check it out over at http://twitter.com/SPATLAW

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Spring IP lectures.

Per an earlier post, this Spring semester has a lot of IP to offer.  Tomorrow afternoon, 2/10, Prof. Donald Chisum will sum up some of the most significant patent cases from 2009.  Then, on Thursday...

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Is What is Wired, Tied?

A newly-filed suit in Michigan, accusing Comcast of tying premium cable TV with the rental of a set-top box, presumably will add to the cases before the Multidistrict Judicial Panel, 626 F.Supp.2d 1353...

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Escaping the Rune Realm Anti-Circumvention Patrol.

An argument lost, an opportunity renewed.  Way back, before online multiplayer games were so viral, copyright interests made comments against passage of the DMCA.  Particularly questioned were...

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NFP means for reaching result.

In a NFP order, the CAFC affirmed trial court rulings of not invalid and enforceable, in a suit about patents for those clunky tag devices and sensors used to deter shoplifters.  Defendants appeared...

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Licensed to Pay, But Cancelled One Day.

Licensing disputes so often involve termination provisions.  Someone wants out, but has to manufacture a way out – and, the other party sues for wrongful termination.  Many of the decisions are fairly...

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Word density

Why is that parties are limited to only so many words or pages, or density of type when pleading a cause, but courts can use unlimited pages to set out their decisions.  Presumably, the pleader is the...

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Still Curious Why Written Description Compels a Factual Inquiry.

Many en banc decisions lose impact soon after being issued.  Ariad v. Lilly raised such a threshold issue, about the written description necessary to obtain a valid patent, that it might have had a...

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Back when I was losing on False Patent Marking.

Proof of objective facts and subjective intent are essential to success on a false patent marking claim (as well as on the inequitable conduct defense).  Showing that ‘patented’ was in some form marked...

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