Features
Arthur Beeman
<i><b>The Federal Circuit's Threat to Software Innovation in the </i>Oracle v. Google<i>Decisions</i><</b><p>The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.
Columns & Departments
Christine E. Weller
In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.
Features
J. Alexander Lawrence
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
Features
Conor Tucker
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
Features
Veronica Mullally Munoz
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
Columns & Departments
Jeffrey S. Ginsberg
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA<br>New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for <i>Inter Partes</i> Review
Features
Kyle-Beth Hilfer
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor's product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
Features
Susan M. Gerber
&
A. Patricia Campbell
<b><i>Part Two of a Two-Part Article</b></i><p>USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
Columns & Departments
Howard Shire
&
Christine Weller
Kapoor v. National Rifle Association of America
Features
Susan M. Gerber
&
A. Patricia Campbell
Part One of a Two-Part Article
Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.
