• Features

    Patenting Diagnostic Tests: Can We Expect Changes?

    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.

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  • Features

    Safeguarding Your Intellectual Property

    Matthew Calcagno

    Documents are the lifeblood of any law firm. The documents that a firm produces are its greatest asset, especially the intellectual property — trade secrets, patent information, etc. — contained in those documents, yet firms historically have not made sufficient efforts to safeguard those documents from both internal and external threats.

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  • Features

    When Are Short Phrases in Songs Protectable?

    Robert W. Clarida and Robert J. Bernstein

    It’s a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because “words and short phrases such as names, titles, and slogans” are “not subject to copyright.”

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  • Columns & Departments

    IP News

    Joshua R. Stein and Jeff Ginsberg

    Federal Circuit Holds PTAB Judges Unconstitutional, Constructs a Fix—But Not All Judges Agree on What Happens Next

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