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Beginning on Nov. 13, 2018, the U.S. Patent and Trademark Office (USPTO) will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin “using the same claim construction standard that would be used to construe the claim in a civil action[,] … including construing the claim in accordance with the ordinary and customary meaning of such claim … and the prosecution history pertaining to the patent.” 37 C.F.R. §42.100. The new rules also state that the USPTO will consider “[a]ny prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission, that is timely made of record.” 37 C.F.R. §42.100.
By James A. Trigg and Bethany R. Nelson
In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court resolved a circuit split decades in the making by holding that a copyright is not “registered” within the meaning of the Copyright Act unless and until a registration certificate actually has issued.
By Dana Justus and Monica Riva Talley
This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line.
By Arthur Beeman
The Federal Circuit’s Threat to Software Innovation in the Oracle v. GoogleDecisions<
The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers’ understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.
By Christine E. Weller
In celebration of International Women’s Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.