Eric Alan Stone

March 09, 2021 | New York Law Journal

Last year, the Federal Circuit held that venue over Google was improper in the Eastern District of Texas where Google servers were used in non-Google-owned datacenters in the District but Google had no employees or agents there. In this edition of their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on 'Google' and certain subsequent cases where 'Google' was applied to determine whether venue was proper in cases involving infringement allegations against entities with corporate or contractual relationships in the relevant district.

By Eric Alan Stone and Catherine Nyarady

9 minute read

January 12, 2021 | New York Law Journal

In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on several recent cases in New York federal courts that addressed the unsettled question of whether news organizations and other publishers infringe an author's rights by embedding social media posts containing copyrighted photographs.

By Eric Alan Stone and Catherine Nyarady

9 minute read

November 17, 2020 | New York Law Journal

The America Invents Act created the inter partes review proceeding and provided for the appointment of Administrative Patent Judges to preside over them. This term the Supreme Court will decide whether the Federal Circuit correctly held that the appointment of those judges was unconstitutional. In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady write that the outcome could have a significant impact not only on inter partes reviews but on the power of administrative law judges in other agencies.

By Eric Alan Stone and Catherine Nyarady

9 minute read

September 08, 2020 | New York Law Journal

In their column on Intellectual Property Litigation, Lewis R. Clayton and Eric Alan Stone describe three cases the Supreme Court will consider hearing, that involve graphically depicted characters, visual art, and musical compositions.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

July 14, 2020 | New York Law Journal

In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone discuss the issue of federal courts reviewing PTAB decisions on the timeliness of a petition for inter partes review.

By Lewis R. Clayton and Eric Alan Stone

10 minute read

May 12, 2020 | New York Law Journal

In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone discuss recent Federal Circuit cases 'Hologic v. Minerva Surgical' and 'Arista Networks v. Cisco Systems' that addressed the scope of assignor estoppel. The doctrine is significant for attorneys advising clients in transferring patent rights.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

March 10, 2020 | New York Law Journal

This term, the Supreme Court may decide whether Google's copying of portions of Oracle's Java platform for use in Google's Android operating system was a fair use, and, separately, the Ninth Circuit will consider whether the use of illustrations from Dr. Seuss's Oh, the Places You'll Go! in a comic mash-up with Star Trek was a fair use. Lewis R. Clayton and Eric Alan Stone report on the cases in this edition of their Intellectual Property Litigation column.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

January 14, 2020 | New York Law Journal

The Supreme Court is set to decide 'USPTO v. Booking.com', on the issue of whether a generic top-level domain combined with an otherwise-generic second-level domain can create a non-generic, protectable trademark for an online business. In their Intellectual Property Litigation column, Lewis Clayton and Eric Alan Stone report on this pending appeal.

By Lewis R. Clayton and Eric Alan Stone

9 minute read

November 12, 2019 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on 'Romag Fasteners v. Fossil', in which the U.S. Supreme Court is set to resolve a six-to-six circuit split over whether a successful trademark-infringement plaintiff may recover the defendant-infringer's own profits without showing that the defendant's false or misleading use of the trademark was willful.

By Lewis R. Clayton and Eric Alan Stone

8 minute read

September 10, 2019 | New York Law Journal

The "government edicts" doctrine precludes copyright protection for certain government works, such as state and federal statutes and judicial decisions. In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone discuss a case in which the Supreme Court will decide whether the doctrine precludes Georgia from copyrighting the annotations in the Official Code of Georgia Annotated. The court's holding may affect not only the state of Georgia but the 20 other states that have registered copyrights in all or part of their state codes, and may have implications for the copyright status of other government-approved works.

By Lewis R. Clayton and Eric Alan Stone

9 minute read