Morgan Lewis on Intellectual Property and Technology
July/August 2004

In this Issue:

• Strong Arm Comes Up Short in Long-Arm Dispute: Ask the Terminator:
  In Schwarzenegger v. Fred Martin Motor Co., 2004 WL 1462444 (9th Cir. June 30, 2004), the Ninth Circuit Court of Appeals dismissed for lack of personal jurisdiction Arnold Schwarzenegger’s suit against an Ohio car dealer that used Schwarzenegger’s likeness in newspaper advertisements in Ohio. In April 2002, Fred Martin Motor Co. ran an advertisement in a newspaper in Akron, Ohio that included a small, but recognizable, picture of Schwarzenegger as the Terminator, telling people to “Terminate EARLY at Fred Martin!”
• FTC Says Patents and Standards Don't Mix: Unocal Complaint Reinstated:
  Over the last few years, the Federal Trade Commission has aggressively pursued patent owners that allegedly concealed intellectual property from standards bodies in order to obtain increased market power by asserting a patent related to a standard. The FTC’s recent decision in In the Matter of Union Oil Company of California, 2004 WL 1632816 (F.T.C. July 6, 2004) offered a slight twist on that fact pattern, because it involved a governmental standard. It thus raised the issue of antitrust immunity for acts of petitioning the government, rooted in First Amendment values.
• Brief Updates
• Avoid an Olympic Headache
• Last Printed Issue on Paper

For the full story, please view the PDF.