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Given the rising popularity of virtual worlds and the ability to generate real-world income from activities within the virtual realm, it is not surprising that the virtual marketplace is thriving and that trademark and copyright infringements occur on a regular basis.

Federal Circuit Puts Teeth in the 'Process' of Product-By-Process Claims

Is a "product by process" claim infringed by products that are made by other processes? After 17 years of waiting, the Federal Circuit emphatically answered the question: No; product-by-process claims are only infringed by products made using the claimed process. Although the law now appears to be clear, the strongly worded dissent questions the soundness of the ruling and warns of potentially far-reaching implications for the pharmaceutical and biotech industries.

The Cult of Personality

Anyone with even the most remote connection to e-commerce cannot have overlooked the recent explosion of social media as a form of marketing and business development. Of course, as with anything else online, problems have come with that popularity.

July issue in PDF format

Movers & Shakers

Who's doing what; who's going where.

IP News

Highlights of the latest intellectual property news from around the country.

Foreign Defendants: Alternative Service via e-Mail

Federal courts are increasingly allowing litigants to serve foreign defendants via e-mail under certain circumstances.

Takeda v. Mylan: High-Cost Generic Drugs from Baseless Paragraph IV Certifications

In Takeda v. Mylan, the Federal Circuit revisited attorney fees in the context of an ANDA application. In doing so, the court provided additional guidance regarding factual circumstances that may support such awards and addressed several of the unanswered questions from the Yamanouchi v. Danbury opinion.

Kubin and Permissibility of the 'Obvious to Try' Standard

Urged by the Supreme Court's opinion in KSR, the Federal Circuit has addressed its precedent regarding the obvious-to-try standard, positively stating a standard implied in its previous holdings.

In re TS Tech: The Aftermath

While the Eastern District of Texas remains today one of the busiest patent litigation venues in the country, it is clear that TS Tech has led to an increase in the percentage of cases being transferred out of the EDTX and a significant decrease in the number of new patent cases being filed there.

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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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