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In recent years, one of the most important and controversial developments in U.S. patent law relates to the standard for whether an invention is “patent eligible,” or in other words, whether an invention falls within the scope of subject matter that is capable of being patented. Through the late 1990s and into the 2000s, for most kinds of patents, patent eligibility was not really a concern for patent holders. Certainly, as exemplified first by the U.S. Court of Appeals for the Federal Circuit’s decision in State Street Bank & Trust v. Signature Financial Group, 149 F.3d 1368 (Fed. Cir. 1998), and later the U.S. Supreme Court’s decision in Bilski v. Kappos, 561 U.S. 593 (2010), the patent eligibility of business method patents and software was an issue both in the prosecution and enforcement of patents. However, widespread uncertainty about and ultimate decimation of issued patents was nothing compared to what we have seen in the last five years since the Supreme Court’s decision in Alice v. CLS Bank International, 573 U.S. 208 (2014), which was the culmination of a series of decisions after Bilski, including Mayo Collaborative Services v. Prometheus Laboratories, 566 U.S. 66 (2012), and Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 576 (2013).
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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.