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The America Invents Act (AIA) gave patent owners the right to move to amend their patent claims in the context of AIA trial proceedings (inter partes review (IPR), post-grant review (PGR), and covered business method patent review (CBM)). To date, however, this right has been more illusory than real because it has been exceedingly rare for the Patent Trial and Appeal Board (PTAB) to grant motions to amend. This became starkly clear when the Board released the results of its study on motions to amend, which showed that it had denied 95% of the motions included in the study. See, April 2016 PTAB Motion to Amend Study, at 4. Successful motions to amend largely have been those that cancelled claims (without seeking to add a substitute claim) — which are typically granted without substantive review, see, id. at 2 — or were agreed to by the parties as part of settling the post-grant proceeding.
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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
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