Intellectual Property

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.

The Federal Circuit's en banc decision in Williamson v. Citrix Online 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 Williamson and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.

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

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 Alice Corporation v. CLS Bank being the most recent and influential.

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.

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