Lewis R Clayton

November 10, 2010 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton from Paul, Weiss, Rifkind, Wharton & Garrison discusses recent cases that attempt to distinguish between the sale of a copyrighted article, and the mere license of a work embodied in that article.

By Lewis R. Clayton

12 minute read

January 12, 2011 | New York Law Journal

In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton reviews two cases that indicate Bilski has done little to alter Federal Circuit jurisprudence, a Ninth Circuit holding that a trademark owner had abandoned its rights by engaging in naked licensing, the Federal Circuit's refusal to transfer a patent action from the Eastern District of Texas, and more.

By Lewis R. Clayton

12 minute read

November 18, 2004 | Law.com

Computer programs have long enjoyed copyright protection as "literary works." 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 6th Circuit ruling concerning printer toner cartridges indicates that the courts will be hostile to such efforts.

By Lewis R. Clayton

8 minute read

August 31, 2005 | New York Law Journal

Lewis R. Clayton, a litigation partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews several recent U.S. Court of Appeals decisions, including what is now the court's most comprehensive statement on claim construction, and a case that illustrates the rule invalidating ambiguous patent claims.

By Lewis R. Clayton

12 minute read

December 30, 2005 | Law.com

Must a patentable invention claim an advance in a recognized field of technology or science? In Ex Parte Lundgren, the Board of Patent Appeals and Interferences rejected an attempt by the Patent and Trademark Office to impose such a "technological arts" requirement. That decision and interim examination guidelines published by the PTO remove what would otherwise be a formidable obstacle to the issuance of many business-method patents, says attorney Lewis R. Clayton.

By Lewis R. Clayton

8 minute read

August 18, 2004 | New York Law Journal

Lewis R. Clayton, a litigation partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes about the review of basic principles of the law of patent claim construction by the U.S. Court of Appeals for the Federal Circuit.

By Lewis R. Clayton

10 minute read

January 13, 2010 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews recent developments of interest, including the latest on the Google Books settlement, two cases where the Federal Circuit issued the extraordinary writ of mandamus to direct the federal district court for the Eastern District of Texas to transfer patent cases to other jurisdictions, a Second Circuit opinion that clarifies the analysis under the federal dilution statute and strengthens the hand of owners of famous marks who assert dilution claims, and more.

By Lewis R. Clayton

12 minute read

April 09, 2001 | Law.com

When Congress passed the Federal Trademark Dilution Act in 1995, its purpose seemed straightforward. Congress wanted to bring nationwide "uniformity and consistency to the protection of famous marks." Since the statute took effect in January 1996, however, the federal courts of appeal have been far from uniform or consistent.

By Lewis R. Clayton

6 minute read

August 28, 2003 | Law.com

On June 30, the 7th U.S. Circuit Court of Appeals sustained an injunction in a case brought by record companies and composers against the Aimster peer-to-peer service, awarding a major victory to copyright holders. Because of its disagreement on some issues with a 2001 9th Circuit decision affirming an injunction against Napster, the Aimster opinion may make the legal landscape of contributory copyright infringement a little more complicated.

By Lewis R. Clayton

9 minute read

January 28, 2002 | New York Law Journal

A ntitrust and intellectual property law have traditionally been antagonistic forces. While each doctrine is supposedly designed to foster innovation and economic efficiency, they approach those issues from opposite poles antitrust attacks market power and intellectual property rights often create it. Some observers believe that the rapid expansion of intellectual property rights over the last decade has altered the balance between the two doctrines. That issue is at the heart of the announcement that the F

By Lewis R. Clayton

11 minute read