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Columns & Departments
Discussion of two key rulings, one in Pennsylvania, one in New Jersey.
Features
The Federal Circuit decision in Medtronic highlights the tension faced by alleged patent infringers, who must balance invalidity issues where a broad construction is desirable, against non-infringement issues, where narrow constructions are desired.
Columns & Departments
Analysis of a recent ruling in which a New York appeals court reversed the dismissal of a suit brought by a tenant seeking recission of his commercial lease and a declaration that he was not bound by it.
Features
June 23's verdict for Led Zeppelin in the copyright trial over the 1971 hit song 'Stairway to Heaven' reaffirms the creative rights of songwriters while demonstrating the difficulties in pursuing infringement over sheet music, according to legal experts following the case.
Features
New changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) went into effect on May 2, 2016, after much public comment and gnashing of teeth. Among the plethora of rule changes that were announced, two in particular stand out as most substantive for both patent owners and their challengers.
Columns & Departments
Federal Circuit: A Computer Database Logical Model Is Not an Abstract Idea If Directed At a Specific Implementation of a Solution to a Problem In the Software Arts <br>Federal Circuit: In Claim Construction Analysis, Plain Term Meanings and Presumption of Claim Differentiation Get Outweighed By Intrinsic Evidence and Prosecution History
Features
One of the motivations for enacting the Digital Millennium Copyright Act (DMCA) was the acknowledgement by Congress of "the ease with which pirates could copy and distribute a copyrightable work in digital form was overwhelming the capacity of conventional copyright enforcement to find and enjoin unlawfully copied material." Among the provisions created to redress this rampant infringement were the prohibitions against: 1) removing copyright management information (CMI); and 2) circumventing technological measures in place to prevent infringement. Each is controversial.
Features
The legendary and now deceased Prince ' singer, songwriter, producer and man of myriad other talents ' kept a bevy of high-profile lawyers busy during the past three decades. Prince developed a somewhat complicated relationship with the Internet, and fought to protect his brand and music against unauthorized use. And for that he needed lawyers, lots of them.
Features
Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.
Features
With the growth in international commerce and diversity of the United States population, leasing counsel are increasingly finding themselves dealing with bilingual trials. Here is what you need to know.