The SCOTUS Nominee's Opinions Don't Appear to Favor Alleged Intellectual Property Infringers or Owners
Over the 10 years that he has served on the U.S. Court of Appeals for the Tenth Circuit, Gorsuch's decisions in intellectual property disputes have reflected a close attention to statutory text and a preference for narrow results that hew closely to precedent.
Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision
Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated
In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method review in Unwired Planet, LLC v. Google Inc. The court's decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases.
What You Need to Know
The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.
As 2017 commences, political protest against injustice is as relevant as ever in the United States. At the same time, a lawsuit concerning the copyright rights to the powerful anthem We Shall Overcome may proceed to trial. In November 2016, the case survived a motion to dismiss the copyright infringement claims.
Reviews the recent Federal Circuit Eli Lilly case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-Akamai
Given the pending change in administration and uncertainty around President-elect Trump's priorities on cybersecurity, an analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.
This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the Akamai cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.
Rotten for Apple
On Dec. 6, 2017, the United States Supreme Court, hearing its first design patent case in over 120 years, unanimously threw away a $400 million award that Apple won against Samsung Electronics. In doing so, the justices interpreted an 1887 statute providing that it is unlawful to manufacture or sell an "article of manufacture" that a patented design or colorable imitation has been applied.
