CyberSource: Machines Executing Processes and the Computer-Readable Medium
In <i>CyberSource v. Retail Decisions</i>, a panel of the Federal Circuit affirmed a district court's summary judgment ruling that the asserted patent claims were invalid under 35 U.S.C. § 101, and held that purely mental processes are unpatentable abstract ideas. The court decided that merely limiting an unpatentable mental process to a computer-readable medium for execution on a processor, in a so-called <i>Beauregard</i> claim, did not satisfy § 101.
IP News
Highlights of the latest intellectual property news from around the country.
Myriad Genetics
On July 29, 2011, the Federal Circuit handed down its decision in <i>Ass'n for Molecular Pathology et al. v. U.S.P.T.O.</i>, (often referred to as the "<i>Myriad Genetics</i> gene patent" case). The divided panel's three opinions reveal areas of broad agreement and notable disagreement about patent eligibility under 35 U.S.C. ' 101 of several categories of patent claims of interest to life sciences industries.
John Wiley & Sons v. Kirtsaeng
In <i>John Wiley & Sons Inc., v. Kirtsaeng</i>,the Second Circuit took a stand against parallel importation of copyrighted works made under the authority of the U.S. copyright owner in a foreign country.
Copyright and Fair Use in Legal Proceedings
This article discusses recent decisions regarding the use of copyrighted material in legal proceedings and the applicability of the fair use defense to allegations of infringement.
How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates?
Counterfeiting and piracy never go out of style. Fake handbags and illegal copies of first-run movies can be found on city street corners and throughout Internet websites. These illegal activities have been in the U.S. government's cross hairs of late. In addition to Congress introducing legislation designed to protect against intellectual property theft, the Department of Homeland Security's (DHS) principal investigative arm, Immigration and Customs Enforcement (ICE), has applied pressure to Internet-era counterfeiters and pirates.