The 'Death Spiral' Of U.S. Malls
One of the main causes of the "death spiral" of malls in the United States has been the bankruptcies, and subsequent liquidations, of many retailers that were once household names -- and often a mall's anchor tenants.
Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges
The Federal Circuit's <i>en banc</i> decision in <i>Williamson v. Citrix Online</i> 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 <i>Williamson</i> and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.
Law Firms, Meet Your New Regulator: Your Clients
While major banks, retailers, hospitals and insurance companies were the brick and mortar of a growing media monument to hubris and cyber overconfidence, law firm breaches went mostly unnoticed. That is, until government agencies and law enforcement grew concerned that the wealth of intellectual property curated by law firms could be used to manipulate financial markets by front running trades.
Software and Business Method Inventions After <i>Alice</i>
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 <i>Alice Corporation v. CLS Bank</i> being the most recent and influential.
IP News
Fed. Cir.: Patent Application Provided Sufficient Written Description to Provide Priority Date<br>Fed Cir: Patent Trial Appeals Board's Decision on Assignor Estoppel is Not Reviewable<br>Fed. Cir.: Automatic Method for Lip Synchronization and Facial Expressions of Animated Characters is Patentable Subject Matter
Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit
A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.
