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Features

Recent Disputes over Copyright Licenses Image

Recent Disputes over Copyright Licenses

Richard Raysman & Peter Brown

This article discusses disputes involving the use of copyrighted works or intellectual property underlying that work, under a license, or in one case, under an implied license. The parties thereto are not nearly as well-known, but the legal conclusions reached may have farther reaching implications.

Features

Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges Image

Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges

Joshua D. Curry & Kate E. Hart

The Federal Circuit's <i>en banc</i> decision in <i>Williamson v. Citrix Online</i> expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying <i>Williamson</i> and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.

Features

Salvaging a Patent After a Post-Grant Proceeding Image

Salvaging a Patent After a Post-Grant Proceeding

Donald Heckenberg

When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy.

Features

Software and Business Method Inventions After <i>Alice</i> Image

Software and Business Method Inventions After <i>Alice</i>

Nam Kim

As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that “abstract ideas” are not eligible for patent protection, which is based on a long line of U.S. Supreme Court cases, with <i>Alice Corporation v. CLS Bank</i> being the most recent and influential.

Features

Increase of IP Cyberthefts on the Horizon, and Many Unprepared Image

Increase of IP Cyberthefts on the Horizon, and Many Unprepared

Ricci Dipshan

Though cybertheft of intellectual property is predicted to dramatically increase over the next 12 months, a significant portion of companies has yet to fully secure their IP assets, according to a survey released by Deloitte Cyber Risk Services.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & George Soussou

Fed. Cir.: Patent Application Provided Sufficient Written Description to Provide Priority Date<br>Fed Cir: Patent Trial Appeals Board's Decision on Assignor Estoppel is Not Reviewable<br>Fed. Cir.: Automatic Method for Lip Synchronization and Facial Expressions of Animated Characters is Patentable Subject Matter

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit Image

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit

By Amanda Bronstad

A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.

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