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District courts generally have broad discretion in determining what materials may be presented during trial, with evidentiary rulings reviewed for abuse of discretion. Consistent with this principle, the Federal Circuit has repeatedly confirmed that district courts’ discretion extends to the admissibility of evidence relating to post-grant proceedings before the Patent Trial and Appeal Board (PTAB). See, e.g., K-Tec, Inc. v. Vita-Mix Corp., 696 F.3d 1364, 1376 (Fed. Cir. 2012) (affirming district court’s decision to allow parties to discuss the extent to which Patent Office had considered a reference as within “the province of the district court”); Callaway Golf Co. v. Acushnet Co., 576 F.3d 1331, 1342–43 (Fed. Cir. 2009) (affirming district court’s exclusion of evidence of non-final reexamination determinations based on risk of jury confusion).
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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