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New York Law Journal

The Evolving Hurdle of Patentable Subject Matter

Scott D. Locke, a partner at Dorf & Nelson, writes: Last spring, in a much publicized and much criticized case, the Court of Appeals for the Federal Circuit set out to resolve how to apply the standard of patentable subject matter to claims that were directed to certain methods for conducting business, and computer-readable media and systems that implement these methods. However, rather than providing clarity, the court introduced more uncertainty into what was already a murky area of patent law, rendering five separate opinions, none of which were signed by a majority of judges.
14 minute read

National Law Journal

Lawmakers Rushing Into Patent Litigation Fray

Pending legislation to stem the tide of intellectual property lawsuits could make the problem worse.
5 minute read

New York Law Journal

Substantial Similarity in the Age of Electronic Music

Michael R. Graif and Jason Gottlieb of Curtis, Mallet-Prevost, Colt & Mosle write: Driven by technical advances in electronic music production, an increasing amount of popular music lacks several traditional markers that courts use to determine whether one song is "substantially similar" to another: melody, harmony, rhythm, and lyrics. Instead, the creativity inherent in electronic music centers on the "texture" of the sound being produced. But can a sound texture be protected by copyright?
13 minute read

New York Law Journal

Can Jurisdiction Over Infringers Be Manufactured?

Paul I. Perlman, Cynthia Giganti Ludwig and Melissa N. Subjeck of Hodgson Russ write: It has become common practice for plaintiffs to "manufacture" a sale of an infringing product in their home states before filing a lawsuit against the infringer. But assuming there are no other known contacts or transactions in New York, is the single, manufactured sale sufficient to achieve personal jurisdiction over the infringing non-New York defendant?
15 minute read

Legaltech News

Intellectual Property Forecast for 2014

An update on what to expect in the courts and congress this year.
1 minute read

The Recorder

DuPont Trade Secrets Case Heads to Trial

A team from Keker & Van Nest is defending Walter Liew, an East Bay engineer accused of selling trade secrets to China. Jury selection begins Jan. 6 before U.S. District Judge Jeffrey White.
9 minute read

Connecticut Law Tribune

Gay Rights, Job Bias Cases Define Court Term

One year after a landmark constitutional decision on the nation's new federal health care law, the U.S. Supreme Court in 2013 took historic steps in two civil rights cases that will define the Roberts court for some time to come.
5 minute read

Legaltech News

Biometric Authentication Presents Problems for Employers

Can scanning your employee's eyes lead to discrimination claims?
2 minute read

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