Features
Supreme Court Eyes Relaxing Rule on Foreign Patent Damages
<b><i>Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest</b></i><p>The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
Features
Copyright Law in the Age of Twitter
<b><i>A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications</b></i><p>The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.
Features
Brexit and IP: Finally Some Real News, and What It Means for Attorneys
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.
Columns & Departments
IP News
Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication<br>Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation
Features
Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i>
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.
Features
A Reasonable Royalty Rate Must Be Tied to Facts
<b><i>Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC</b></i><p>The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the <i>Georgia-Pacific</i> factors and then “pluck” a royalty rate from thin air.
Features
How Ticket Software Lost Trade Secret Protection
Trade secret protection applies only to confidential information. In almost all circumstances, broadcasting to the world the intricate details and applications of a trade secret extinguishes whatever “property right” an entertainment industry holder once possessed. What is a sufficient method of contractually notifying a software user of the trade secret status of certain information is a closer question.
Columns & Departments
IP News
Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101
Features
Will the Supreme Court Seismically Shift the Patent Damages Landscape in <i>WesternGeco v. ION</i>?
The U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.
Features
Even the Value of the Smallest Salable Unit Must Be Apportioned
<i><b>Finjan, Inc. v. Blue Coat Sys., Inc.</b></i><p>The Federal Circuit ruled that basing a reasonable royalty calculation on the “smallest salable unit” does not obviate the need to apportion damages to the patented contribution within that unit.
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