Biggest IP cases of 2002

scubacuda writes "Law.com's article, The Biggest IP Cases of 2002, has a nice summary of some of the intellectual property cases that have caught our attention this last year. Of particular interest to slashdotters: Kelly v. Arriba Soft Corp. (regarding Arriba's visual search engine), Enzo Biochem Inc. v. Gen-Probe Inc. (regarding a gene patent being invalid because it did not meet the written description requirement), an Illinois federal court injunction against Aimster, United States v. Elcom Ltd a/k/a Elcomsoft Co. Ltd. , and Playboy Enterprises Inc. v. Welles (regarding Playmate of the Year, Terri Welles, using Playboy's marks and metatags on her website)."

Comments

Re:Eldred etc.; and a contest

[MacAndrew]

Yep. There are two arguments in the quoted passage: First, that Congress has abused the meaning of "limited time"; second, that retroactive extensions of "existing terms" are prohibited. I'm sympathetic to the second, and think the first is for Congress not the courts.

I do sort of wish the Court would intervene to say the term has gotten too long, but don't want a precedent like that for the Court to do so in other cases. Historical experience has been that although unchecked power of Congress is bad, the unreviewable power of the Court can be worse, as when it was busy invalidating the New Deal. Given precedent, I don't think th Court will, and I'd prefer we petition Congress, as has happened with the DMCA.

But who cares what I think -- here is the transcript of the Oct. 9 oral argument, which discussion well describes the essentially simple dipute.