Features
Melanie L. Mayer
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David K. Tellekson
On June 17, 2013, the U.S. Supreme Court held in <i>Federal Trade Commission v. Actavis, Inc.</i> that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis under which the court weighs the pro- and anti-competitive effects of such agreements on a case-by-case basis.
Richard Raysman
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Jonathan P. Mollod
Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic filmmakers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol.Typically, the copyright holders allege that users illegally downloaded, reproduced and distributed at least a portion of the film at issue using BitTorrent, a peer-to-peer protocol that allows users to transfer large files on the Internet.
Features
Matthew Siegal
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Irah H. Donner
In <i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>, the Federal Circuit held that the functional claim language of "spaced relationship" was definite in view of the inherent parameters of the claimed apparatus, notwithstanding the lack of any specific quantification of exactly how wide the spacing should be.
Features
Scott F. Llewellyn
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Jason D. Hall
The intellectual property community hoped and expected that the Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> would provide guidance regarding the scope of patentable subject matter under 35 U.S.C. ' 101. Instead, the Federal Circuit's decision created confusion, identifying three competing tests for assessing patentable subject matter under ' 101.
Jeffrey S. Ginsberg
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Joseph Mercadante
Federal Circuit Vacates Award of Attorney Fees
Features
Colleen Bal
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Evan M. W. Stern
Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.
Features
Mark A. Chapman
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Rose Cordero Prey
On April 25, 2013, Judge James L. Robart of the Western District of Washington publicly issued his Findings of Fact and Conclusions of Law from the November 2012 bench trial in <i>Microsoft Corp. v. Motorola, Inc., et al.</i>
ALM Staff
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Law Journal Newsletters
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Columns & Departments
Howard J. Shire
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Bradley Roush
Highlights of the latest intellectual property news from around the country.
Features
Kyle-Beth Hilfer
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
