The Legal Intelligencer | Commentary
By Dianne Elderkin, Jonathan Underwood and Andrew Schwerin | May 11, 2018
How should a court determine whether a patent claim is invalid for obviousness? Recent Federal Circuit decisions reveal that judges answer that question principally in two different ways, and that the difference matters to the outcome of the inquiry.
By Nathan D. Renov | May 11, 2018
On March 27, 2018, in Oracle America, Inc. v. Google LLC, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle's claim that Google's use of Oracle's open-source Java language code did not constitute “fair use.”
By Dr. Dariush Adl | May 7, 2018
A hotly disputed legal issue between the majority and dissent in the recent, highly publicized, U.S. Court of Appeals for the Ninth Circuit “Blurred Lines” decision in Williams v. Gaye, No. 15-56880, concerned whether Marvin Gaye's 1976 hit song “Got to Give it Up” was entitled to “broad” or “thin” copyright protection.
New York Law Journal | Analysis
By Scott D. Locke and Laura-Michelle Horgan | May 4, 2018
Recently and to the likely dismay of many foreign broadcasters, in 'Spanski Enterprises v. Telewizja Polska' the D.C. Circuit took up an issue of first impression for the federal appellate courts: whether any extraterritorial limits of the copyright law would relieve the liability of foreign content disseminators that send their content into the United States.
The Legal Intelligencer | Commentary
By Anthony S. Volpe and Harry Vartanian | May 1, 2018
The U.S. Supreme Court's June 2014 landmark decision Alice v. CLS Bank International altered the course and viability of software patents in the United States and continues to cause uncertainty over the eligibility of software for patent protection.
By Q. Todd Dickinson and Fabio Marino | April 30, 2018
In the most anticipated patent case of the year, the Supreme Court recently upheld the CAFC in Oil States Energy Services v. Greenes's Energy Group, supporting Congress' power to institute inter partes reviews (IPRs) in the American Invents Act's (AIA) post-grant review process.
New York Law Journal | Analysis
By David P. Miranda | April 30, 2018
After years of litigation between two of the industry's largest technology companies, the U.S. Court of Appeals for the Federal Circuit has rendered a decision in 'Oracle America v. Google'.
Daily Business Review | Commentary
By Alex Fernandez | April 26, 2018
General practice (GP) firms around Florida are rethinking how to best serve their clients' intellectual property needs. Instead of building a small patent group of a few patent attorneys, GP firms turn to an unexpected ally: big IP boutiques.
By Scott Graham | April 23, 2018
Ninth Circuit Judges Carlos Bea and N. Randy Smith said an en banc panel of the court ought to reconsider whether animals ever have standing to bring claims.
By Andrew Denney | April 19, 2018
The Fearless Girl is getting out of the path of the Charging Bull, which may also allow the New York City government and the owner of the Fearless Girl to sidestep a lawsuit.
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