Rod S. Berman

The U.S. Supreme Court recently held that a patent owner is presumed not to have market power for purposes of the federal antitrust laws. In Illinois Tool Works Inc. v. Independent Ink, Inc., the Supreme Court held that courts may no longer presume that a patent owner accused of an unlawful tying arrangement has market […]

In places like Canal Street in New York City, where peddlers sell their wares from racks and stalls that can be packed up and moved quickly, trading in counterfeit handbags, watches, compact discs and DVDs is commonplace. In such environments, the peddlers often change and move from place to place, frustrating the enforcement efforts of […]

The U.S. Copyright Office has published an interim regulation governing the preregistration of unpublished works being prepared for commercial distribution in classes of works that the Register of Copyrights has determined have had a history of prerelease infringement. Preregistration is a new procedure in the Copyright Office to serve as a placeholder for limited purposes, […]