IP Law Firm Defends Article Copying In Patent Applications

Law360, New York (January 21, 2014, 7:20 PM EST) -- McDonnell Boehnen Hulbert & Berghoff LLP and the academic publishers that have accused it of infringing copyright by copying journal articles while preparing patent applications sparred in briefs filed Monday in Illinois federal court over whether the firm's actions are shielded by the First Amendment.

The intellectual property law firm argued that its inclusion of journal articles in applications sent to the U.S. Patent and Trademark Office was covered by the Noerr-Pennington doctrine. The doctrine, which holds that petitioning the government under the First Amendment is...
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