Columns & Departments
Bit Parts
Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters
Features
What Constitutes 'A Sale' and 'an Offer to Sell'?
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
Columns & Departments
IP News
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
Features
Proactive Information Governance
Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.
Columns & Departments
Counsel Concerns
A Philadelphia-based litigation funding company is suing a California law firm and its client over the alleged failure to repay funds loaned to help support the client during his copyright suit against musical artist Usher and various record labels.
Features
<b><i>Online Special Report</b></i> 'No Need to Rush': As State Bans on Same-sex Marriage Continue to Fall, the Supreme Court Dodges the Issue (for Now)
On the first day of its new Term, the Supreme Court declined to take up any of the cases before it in which state same-sex marriage bans had been struck down by lower courts. To the surprise of many Court watchers, the Justices denied certiorari in the cases, which stemmed from the Fourth, Seventh and Tenth Circuits. As a result, same-sex couples were immediately able to marry in five more states: Indiana, Oklahoma, Utah, Virginia and Wisconsin.
Columns & Departments
Movers & Shakers
Movement among franchise attorneys and executives.
Columns & Departments
Verdicts
In-depth analysis of a recent ruling.
Columns & Departments
Bit Parts
Cartoon Network Mobile App Users Android ID Isn't "Personally Identifiable Information" under the Video Privacy Protection Act<br>Court Says Republication Rule Alive in Tennessee But Dismisses Defamation Claims by Disqualified American Idol Finalist<br>Toto Denied 50% Royalty for Digital Download Sales
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›