IP News
September 30, 2015
Federal Circuit: In An IPR Proceeding, The Burden Lies With The Petitioner To Show 'Substantial Evidence' That The Prior Art Patent Is Entitled To The Priority Date Of Its Provisional Application<br>Federal Circuit: Scope Of Reexamination Claims Is Reviewed De Novo
<i>Versata v. SAP </i>: Definitions Are Now the Name of the Game
September 02, 2015
<i>Versata Development Group v. SAP America</i> was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.
IP News
September 02, 2015
Federal Circuit: District Courts Must Address <i>Intel</i> Factors In Determining Whether to Modify A Protective Order In Foreign Proceedings <br>Federal Circuit Applies An 'Abuse of Discretion' Standard of Review for a PTO 'Special Circumstances' Determination
<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case
August 02, 2015
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in <i>Garcia v. Google</i> that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting <i>en banc</i> has rejected the panel's decision.
Using Unlicensed Photos on Websites
August 02, 2015
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Superpowered Form of <i>Stare Decisis</i>
August 02, 2015
The U.S. Supreme Court, in <i>Kimble v. Marvel</i>, stood by its decision in <i>Brulotte</i>, reaffirming that post-expiration patent royalty provisions are unlawful per se and therefore unenforceable.
IP News
August 02, 2015
Federal Circuit Affirms '101 Subject Matter Invalidity of Internet-Related Software Patents Under <i>Alice</i><br>Patent Term Adjustments Do Not Apply To Continuing Applications Based On Delays In Application Prosecution<br>Federal Circuit Clarifies Standard of Review and Affirms Denial of Award for '285 Exceptional Case Attorney's Fees
