Features
<b><i>Breaking News:</b></i> Microsoft Prevails on Appeal in Dodging Warrant for Foreign E-mails
Microsoft and other U.S.-based internet service providers won a major victory on July 14 at the U.S. Court of Appeals for the Second Circuit, which reversed a lower court in finding the company is not required to comply with a U.S. warrant for customer e-mails stored on a server in Dublin.
Features
<i>Kirtsaeng</i> Clarifies Attorney's Fees Standard In Copyright Cases, Injects More Uncertainty Into Availability of Fee Awards
Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley & Sons ' and its first copyright decision in nearly two years ' the SCOTUS recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry.
Columns & Departments
IP News
Federal Circuit Remands PTAB Decision Due to Claim Construction Change <br>Supreme Court Restricts Challenges to PTAB's Institution Decisions and Upholds Broadest Reasonable Interpretation Standard in IPR Proceedings
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2016, as well as some recent cases of interest.
Columns & Departments
Case Notes
Discussion of two key rulings, one in Pennsylvania, one in New Jersey.
Features
Federal Circuit Applies a Reasonableness Standard to the Knowledge of Infringement Prong
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
Case Notes
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
<b><i>Online Extra:</b></i> Page and Plant's Win in 'Stairway to Heaven' Case Seen as Bolstering Songwriters' Creative Rights
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 USPTO Rules for Post-Grant Trials
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
IP News
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
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