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On March 27, 2018, in Oracle America, Inc. v. Google LLC, 2018 U.S. App. LEXIS 7794, the United States Court of Appeals for the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California (case number 3:10-cv-03561). 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.”
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By Jonathan Moskin
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO’s new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys’ fees, does apply to this statute.
By Mary A. Donovan
In a recent trademark cancellation case that has drawn “human interest” attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not “kidding” when he expressed his opinion that the registered mark, described as “goats on a roof of grass,” is demeaning to goats which, in turn, is offensive to him.
By Shaleen J. Patel
Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit’s Finding of Justiciability
By Leslie Kushner
This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.