Columns & Departments
Jeff Ginsberg
Northern District of Texas: Even Post-Berkheimer, Patent Claims Continue to be Ineligible for Patenting as a Matter of Law When They Are Not Drawn to Particular Technical Solutions or Advances Described in the Specification
Federal Circuit: The PTAB Cannot Institute Inter Partes Review on Obviousness Grounds Not Included in the IPR Petition, But Can Consider Evidence of "General Knowledge" in the Art
Features
Jonathan Moskin
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.
Features
Mary A. Donovan
In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.
Columns & Departments
Shaleen J. Patel
Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit's Finding of Justiciability
Features
Leslie Kushner
This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.
Features
Matthew Calcagno
Documents are the lifeblood of any law firm. The documents that a firm produces are its greatest asset, especially the intellectual property — trade secrets, patent information, etc. — contained in those documents, yet firms historically have not made sufficient efforts to safeguard those documents from both internal and external threats.
Features
Robert W. Clarida
&
Robert J. Bernstein
It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because "words and short phrases such as names, titles, and slogans" are "not subject to copyright."
Columns & Departments
Joshua R. Stein
&
Jeff Ginsberg
Federal Circuit Holds PTAB Judges Unconstitutional, Constructs a Fix—But Not All Judges Agree on What Happens Next
Features
Alan L. Friel
Part Two of a Two-Part Article
Features
Scott Graham
The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
