Features
Kean J. DeCarlo
Ah, the good old days. When the America Invents Act was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. But the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in <i>Alice v. CLS Bank</i> have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.
Mitchell Zimmerman
Based on the defense of fair use, the Second Circuit affirmed summary judgment for Google in the decade-long copyright battle between an authors group and the Internet search giant.
Features
Bryan Kohm
&
Stefan Szpajda
In <i>ClearCorrect Operating, LLC v. ITC,</i> the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.
Jeffrey S. Ginsberg
&
Abhishek Bapna
Federal Circuit Vacates PTAB Decision On Obviousness <br>Federal Circuit: <i>Inter Partes</i> Review System Is Constitutional<br>Federal Circuit Affirms PTAB Decision Finding Negative Claim Limitation Satisfies 35 U.S.C. '112
Columns & Departments
Howard J. Shire
&
Brent T. Hagen
Federal Circuit Affirms Anticipation of Claims <br>Federal Circuit: No Jurisdiction Over Appeal By Interested Third-Party Attorneys When Underlying Case Had Settled<br>In IPR Appeal, Federal Circuit Reverses PTAB Determination of Nonobviousness
Features
Amanda Hyland
In the last few years, every college football fan became familiar with "Johnny Football," "The Honey Badger," and "Famous Jameis." These recognizable names are not only associated with Heisman-quality talent, but also with the new world of student athlete trademark registrations.
Features
S. Christian Platt
&
Philip T. Sheng
The issue of damages remains a hot topic at the Federal Circuit, with patentees being continuously reminded that damages must be apportioned to account for the value of patented features, as opposed to unpatented features, of an accused product. However, the vast majority of these cases involve apportionment in the context of reasonable royalties. Very little has been said about apportionment in a lost profits analysis.
Features
Daniel T. McCloskey
Businesses regularly lose precious data, sometimes even "the crown jewels," through trade secret theft by departing employees, unscrupulous contractors and others. Although trade secret theft is estimated to cause billions of dollars in damage every year, no federal civil claim for trade secret misappropriation currently exists. State laws govern these assets, and they are inconsistently applied. Relief may be in sight.
Jeffrey S. Ginsberg
&
Brent T. Hagen
Federal Circuit: The PTAB Determination of the Timeliness of an IPR Petition Is Part of the Initial Decision to Institute an IPR, and Is Not Reviewable on Appeal <br>Federal Circuit: Laches Is an Affirmative Defense to Patent Infringement Codified in 35 U.S.C. '282
Features
Kyle-Beth Hilfer
The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
