Lewis R Clayton

May 09, 2012 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton, a litigation partner at Paul, Weiss, Rifkind, Wharton & Garrison, discusses recent decisions, including one on the introduction of new evidence in an appeal of a Patent Trial and Appeal Board decision, another on the sale of trademarks in Google's "AdWords" program, one involving different musical works that were both derived from the digits of the mathematical constant pi, and more.

By Lewis R. Clayton

11 minute read

May 21, 2012 | Corporate Counsel

Court in 'Rosetta Stone' relied on studies showing that even savvy Web users are confused by Google's sponsored links.

By By Lewis R. Clayton

6 minute read

November 09, 2011 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that the statute's most significant and controversial alteration in patent procedure is the change from a first-to-invent to a first-to-file system. Previously, U.S. patent law focused on the question of who invented first.

By Lewis R. Clayton

12 minute read

November 15, 2004 | National Law Journal

Computer programs have long enjoyed copyright protection as "literary works. Spare and replacement parts for these goods often must use the proprietary software written for the device for which they are made. May manufacturers invoke the copyright laws to block use of such software, effectively forcing consumers to use only authorized parts and equipment? A ruling by the 6th U.S. Circuit Court of Appeals issued last month indicates that the courts will be hostile to such efforts.

By Lewis R. Clayton

8 minute read

March 14, 2012 | New York Law Journal

In his Intellectual Property Litigation, Lewis R. Clayton, partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that two attorneys, one based in New York and the other in Oklahoma, argue that the "unabashed wholesale copying" by Westlaw and Lexis of legal filings violates the copyrights of "the attorneys and law firms who authored them."

By Lewis R. Clayton

12 minute read

August 04, 2003 | National Law Journal

The growth of digital technology-particularly peer-to-peer file sharing services like Napster-has sparked a new debate about the meaning of Sony.

By Lewis R. Clayton

9 minute read

June 06, 2005 | National Law Journal

Under the doctrine of "merger," where an idea and its expression are inseparable, copyright protection will yield to the principle that ideas may not be monopolized. But where does the idea stop and the expression begin?

By Lewis R. Clayton

8 minute read

December 27, 2002 | Law.com

Another year, another Festoheadline. In the most significant patent case of the year, the U.S. Supreme Court affirmed its commitment to a robust doctrine of equivalents. Other IP decisions that made an impact in 2002 addressed the jurisdiction of the Federal Circuit, the issue of fair use on the Internet and the first criminal prosecution under the DMCA.

By Lewis R. Clayton

9 minute read

August 13, 2007 | National Law Journal

A footnote in the Supreme Court's MedImmune decision discusses the test used by the Federal Circuit to determine when a party threatened with a claim of patent infringement may sue for declaratory judgment. Under the test, a plaintiff must show that it has a "reasonable apprehension" that "it will face an infringement suit." That test, the footnote observes, conflicts with at least three Supreme Court declaratory judgment decisions.

By Lewis R. Clayton

9 minute read

February 19, 2007 | National Law Journal

While it settles this issue of licensee standing, MedImmune has stimulated debate on a host of questions concerning the right of patent owners to discourage, without explicitly prohibiting, licensee challenges to patent validity or enforceability.

By Lewis R. Clayton

8 minute read