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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

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?

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.

Amending Patent Claims in Post-Grant Trial Proceedings

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.

'Potential Client' Conflict Issues: Six Tips for Avoiding Them Part Three of a Three-Part Article

Problems can arise for attorneys and their clients when a lawyer consults with a third party but ultimately is not retained. As the author discussed in Parts One and Two of this article, communication with such a potential client might disqualify the lawyer from representing his or her current client. Following are his six tips for avoiding this problem.

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.

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies Part 2: Decisions Since Akamai and Practice Insights

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

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies

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.

The Human Factor In Information Security

No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.

Supreme Court Rules on Design Patent Damages Samsung Electronics Co. Ltd. et al. v. Apple Inc.

On Dec. 6, 2016, the U.S. Supreme Court threw out a damages award of $399 million that Apple won against Samsung in an ongoing design patent dispute.

IP News

Federal Circuit: PTAB Used Overly Broad CBM Patent Standard Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception Date

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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Sender Beware: Jurisdictional Risks of Pre-Litigation Communications
The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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