Intellectual Property Outlook for 2009: Cases and Trends to Follow
By Robert M. Masters and Brock S. Weber
Over the past several years, there have been a number of key cases decided by the courts that have greatly reshaped the landscape in intellectual property law. For example, in June 2008 the Supreme Court handed down its decision in Quanta Computer Inc. v. LG Electronics, Inc. on the issue of patent exhaustion, and then in October 2008 the Federal Circuit issued the In re Bilski decision on what constitutes patentable subject matter. This coming year we anticipate yet another series of decisions that have the potential to impact intellectual property law. This Client Alert highlights some of the pending cases that we are watching, as each presents an important intellectual property issue for decision. In addition, we take a look at some of the developing trends in intellectual property law and some key legislation.