Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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).
*May exclude premium content
By Hanchel Cheng
Regardless of whether a patent practitioner’s clients favor a stricter or more lenient eligibility regime, patent eligibility decisions continue to evolve. We need a line drawn for what practitioners expect to be clearer. Hardware inventions are facing patent eligibility challenges that would have seemed more likely in software inventions. Recent court decisions have shown that what once made a hardware invention eligible may no longer fly.
By Richard S.J. Hung, Jacob N. Nagy and Evangeline T. Phang
A recent Federal Circuit opinion sheds light on the process for settling co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.
By Stan Soocher
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
By Keith Hauprich
In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.