INTELLECTUAL PROPERTY
A look at current topics in the realm of copyrights and patents.
October 03, 2022 at 09:00 AM
2 minute read
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The Search for Originality: How Copyright Holders Should Evaluate Potential Claims in Light of Increasing Overturned Verdicts Despite some juries finding infringement based upon substantial similarity of competing works, district and appellate courts have reined in and reversed such verdicts, finding the operative elements of the original works not protectable by copyright. By Gene Markin
Pharmaceutical Due Diligence Practice Tips for New Drugs The primary goal of a patent practitioner performing due diligence of a new drug should be to identify all risks associated with commercialization of the drug product and to determine the potential for market exclusivity. By James T. Corcoran
SCOTUS Expansion of Fair Use Erodes Copyright Protection The Supreme Court in 'Google v. Oracle' dramatically expands fair use to allow copyrighted materials to be used more freely in technology settings. The ruling will likely expand fair use in other environments, as it is applied to a recent Second Circuit ruling. By Jonathan Bick
When 'Visibility' on the Internet Does Not Implicate the 'Display' Right Courts are split on whether it is copyright infringement to link to or "embed" a post from a social media site intended for sharing posts, when the post (and all of its content) remains on the original server. Does the location of the server matter? Does a new copyright claim accrue anew each day an image is visible on the internet? By Nancy A. Del Pizzo
A Sea Change for Patent Plaintiffs in Texas A recent order issued in Texas could have a rippling effect on cases filed not only in Texas but throughout the entire nation, as patent practitioners may now turn to the nation's other patent litigation hotspots. By James J. DeCarlo, Rose Cordero Prey and Jade Li-Yu Chen
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