Lewis R Clayton

July 13, 2001 | Law.com

Almost 100 years ago, Justice Oliver Wendell Holmes warned: "It would be a dangerous undertaking for persons trained only in the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits." However, recent cases show that courts continue to make the protection of intellectual property hinge on judgments about the value of the works.

By Lewis R. Clayton

9 minute read

July 11, 2011 | National Law Journal

Justices took cooler approach in 'Global-Tech' and 'Microsoft' than in past cases, focusing more on precedent than policy.

By Lewis R. Clayton

8 minute read

May 16, 2002 | Law.com

"Clickwrap" agreements, where a software buyer must click a box that indicates agreement to be bound by a "license agreement," are becoming increasingly popular. At least three challenges to clickwrap agreements have to be considered: whether the agreements are valid as a matter of contract law, whether they are pre-empted by the Copyright Act and whether they may constitute "misuse" of copyright.

By Lewis R. Clayton

8 minute read

February 14, 2011 | National Law Journal

In Uniloc, it rejected venerable 25% rule for patent damages and narrowed application of 'entire market value' rule.

By Lewis R. Clayton

8 minute read

January 30, 2002 | Law.com

Many of last year's high-profile intellectual property cases featured familiar themes set against the background of new technologies. Copyright holders won victories over Napster and over hackers who posted DVD decryption programs. For its part, the U.S. Supreme Court sustained the copyright claims of free-lance authors, considered the interplay between patent and trademark laws and upheld broad patent protection for plants.

By Lewis R. Clayton

10 minute read

September 13, 2010 | National Law Journal

Given the three-year term and other limits, the threat of monopoly over essential techniques is remote.

By Lewis R. Clayton

8 minute read

November 10, 2008 | National Law Journal

Warner Bros. Entm't Inc. v. RDR Books was an action by the author of the Harry Potter books and the studio behind the movies against the publisher of an unauthorized encyclopedia by a devoted fan. The case was a victory for the rights holders, but there are words of comfort for supporters of the defendant's position.

By Lewis R. Clayton

9 minute read

April 17, 2006 | National Law Journal

How often, if ever, has a case about the proper scope of remedies for patent infringement engaged the editorial boards of both the New York Times and the Wall Street Journal? Such a case is eBay Inc. v. MercExchange LLC, No. 05-130, in which the U.S. Supreme Court heard argument on March 29.

By Lewis R. Clayton

9 minute read

May 11, 2009 | National Law Journal

Contextual advertising — advertising placed where it will be seen by consumers looking for competitors' products — is particularly significant on the Internet because the ability to display advertisements or Web site links when consumers search for particular terms gives advertisers a powerful tool for targeting consumers and provides a critical source of revenue for Internet search engines.

By Lewis R. Clayton

9 minute read

May 19, 2008 | National Law Journal

Section 284 of the Patent Act provides that an infringement plaintiff is entitled to "damages...in no event less than a reasonable royalty for the use made of the invention by the infringer." But how large an award should be given to the owner of one of hundreds of patents covering technology used in an expensive product? Large verdicts involving seemingly small parts of complex products have motivated Congress to consider "reform" of � 284 to cure what some critics see as an unpredictable area of the law.

By Lewis R. Clayton

9 minute read