IP News
September 28, 2011
Highlights of the latest intellectual property news from around the country.
The Domestic Industry Requirement at the ITC
September 28, 2011
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
CyberSource: Machines Executing Processes and the Computer-Readable Medium
September 28, 2011
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
August 30, 2011
Highlights of the latest intellectual property news from around the country.
Myriad Genetics
August 30, 2011
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
August 30, 2011
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
August 29, 2011
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.
