• Features

    What You Need to Know About the USPTO’s Proposed Rule Changes to PTAB Trials

    Kerry S. Taylor and Nathanael R. Luman

    On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.

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  • Features

    Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case

    J. Alexander Lawrence

    Don and Phil Everly’s flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil’s heirs and Don over copyright ownership of the No. 1 hit “Cathy’s Clown,” in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.

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  • Features

    Survey Says: Tips on Getting Over the Daubert Hurdle

    Rebecca Kirk Fair, Peter Hess and Vendela Fehrm

    Surveys can provide useful evidence in litigation if they are conducted by a qualified expert employing reliable methods that survive a Daubert challenge. In the first of a series of articles drawing on our review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, we provide some suggestions for getting survey evidence admitted for consideration in court.

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  • Features

    Recent Court Views on “Making Available” Controversy In Copyright Infringement

    Stan Soocher

    Federal courts have long disagreed over whether the unauthorized “making available” of a plaintiff’s works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.

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  • Columns & Departments

    IP News

    Jeff Ginsberg and Zhiqiang Liu

    Federal Circuit Finds Preamble Not Limiting and Claims Reciting Means-Plus-Function Limitations Without Disclosure of Corresponding Structures Cannot Be Determined Unpatentable as Indefinite in an IPR Proceeding
    Federal Circuit Finds That District Court Correctly Applied the Disclosure-Dedication Doctrine In Granting a Motion for Judgment of Non-Infringement on the Pleadings

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