Features
You've Made Your Bed, Now Lie In It – Binding Settlement Agreement Defeats A Post-Settlement Judgment
Holding that the parties' executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court's decision to grant summary judgment of non-infringement despite the parties' agreement. The decision builds upon prior Federal Circuit case law giving effect to settlement agreements.
Columns & Departments
IP News
Article III Inter Partes Review Decision Precluded By Congress, SCOTUS Rules SDNY: Video Game Makers Not Violating Copyright with NBA Player Tattoos
Features
Supreme Court Rules States Cannot Be Involuntarily Liable for Copyright Infringement
The U.S. Supreme Court has ruled that individual states are free to commit copyright infringement. The Court held that Congress attempted to abrogate states' sovereign immunity in an unconstitutional manner when enacting the Copyright Remedy Clarification Act of 1990 (CRCA).
Features
Practical Tips for Securing Patent Rights for AI-Generated Inventions
While AI is rising as a key commercial player at the global scale with an expected market size of almost $400 billion by 2025, are patent laws around the world equipped to incentivize this revolution?
Features
Avoiding Trade Secret Losses During Corporate Collaboration
Effective corporate collaborations — whether close customer relationships, supplier partnerships or formal joint ventures — demand that sensitive information be shared. Without proper agreements and well-defined boundaries, however, those corporate collaborations can lead to loss of trade secret protection and entangle the parties in litigation.
Columns & Departments
IP News
Federal Circuit: Method of Preparation Claim is Patentable Federal Circuit: Same Party Cannot Join IPR Petitions under 35 U.S.C. §315(c)
Features
Attorney's Fees After Octane: More Chances for Defendants to Even the Playing Field
With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney's fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney's fees may be available under Section 285.
Features
Swedish Music Industry Views: Part Two
Part Two of a Two Part Article This article discusses, among other things, the Swedish music industry perspective on the European Union's Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.
Features
Kozinski Angle In 9th Circuit's Led Zeppelin Ruling
Defendants Led Zeppelin and its music labels were the winners in the copyright decision by the Ninth Circuit over the song "Stairway to Heaven." But the estate of songwriter Randy Wolfe (p/k/a California) wasn't the only one who got the short end. Among the collateral damage from the ruling was a 2002 precedent written by former Chief Judge Alex Kozinski that endorsed the so-called "inverse-ratio" rule.
Columns & Departments
IP News
VARA Lives On: A $6.75M Lesson on Respecting Moral Rights
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