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Columns & Departments

IP News Image

IP News

Howard Shire & Adam Fischer

Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR

Features

Prince's Estate Files NJ Lawsuit over prince.com Image

Prince's Estate Files NJ Lawsuit over prince.com

Charles Toutant

A dealer in Internet domain names is accused in a cybersquatting suit of an illegal attempt to seize on the posthumous popularity of Prince.

Features

<i>Commentary:</i> Amended Opinion No Cause for Alarm in 'Blurred Lines' Case Outcome Image

<i>Commentary:</i> Amended Opinion No Cause for Alarm in 'Blurred Lines' Case Outcome

Robert J. Bernstein & Robert W. Clarida

Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing <i>en banc</i> in <i>Williams v. Gaye.</i> We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.

Features

Disney Claims over Party Characters Partially Dismissed Image

Disney Claims over Party Characters Partially Dismissed

Jenna Greene

Disney Enterprises has been handed a setback in an ill-conceived lawsuit: Going after people who dress up as Disney-owned characters like Elsa from <i>Frozen</i> or Chewbacca from <i>Star Wars</i> to perform at children's birthday parties.

Features

The Price to Pay for De Novo Review of PTO Decisions Image

The Price to Pay for De Novo Review of PTO Decisions

Jonathan Moskin

<b><i>NantKwest v Iancu</b></i><p>The Federal Circuit sitting <i>en banc</i> reversed its own prior ruling and held that “all expenses of the proceeding” does not include attorneys' fees.

Features

Patent Eligibility of User Interfaces Image

Patent Eligibility of User Interfaces

Lawrence H. Aaronson & James L. Korenchan

<b><i>Advances in UI Design Can Provide Key Competitive Differentiation and Advantage, Which Makes Protecting Them Critically Important from a Business Perspective</b></i><p>Advances in UI design can also provide key competitive differentiation and advantage, helping to distinguish otherwise commoditized products and services such as computers, Web services, wearables, and appliances. Given this advantage, protecting advances in UI design can also be critically important from a business perspective.

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Abhishek Bapna

Federal Circuit Remands for Further Proceedings to Determine Whether RPX's Petitions for IPR Were Time Barred For Failing to Identify Its Client As a 'Real Party in Interest'<br>Federal Circuit Holds that Common Law Tribal Sovereign Immunity Cannot Shield a Patent in IPR Proceedings,br&gt;Federal Circuit Holds that an Unsuccessful IPR Petitioner Must Show 'Concrete Plans' for Future Potentially-Infringing Activity in Order to Demonstrate Article III Standing to Appeal PTAB's IPR Decision

Features

'Surrealistic' Suit Against Museum over Dalí Persona Image

'Surrealistic' Suit Against Museum over Dalí Persona

Scott Graham

The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist's name and likeness to promote it.

Features

Foreign Lost Profits Recoverable for Patent Damages Image

Foreign Lost Profits Recoverable for Patent Damages

Elizabeth B. Hagan

The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in <i>WesternGeco LLC v. ION Geophysical</i> rejects the Federal Circuit's categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.

Features

Supreme Court to Review Post-AIA On-Sale Bar Image

Supreme Court to Review Post-AIA On-Sale Bar

Jon Bachand & Ari Feinstein

The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

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