IP News
April 01, 2016
Federal Circuit Holds Two of Apple's Five Asserted Patents Invalid, Three More Not Infringed
Copyright Act Preempts Players' Publicity Rights for NFL Films
April 01, 2016
Twenty-three professional football players brought a class action lawsuit against the NFL, claiming that films produced by NFL Films violated their state rights of publicity and constituted false endorsement under '43(a) of the Lanham Act. Twenty of those players settled with the NFL. However, the other three players elected to pursue their suit.
Intellectual Property
April 01, 2016
Intellectual Property (IP) is a highly complex type of property and, as we saw last month in Part One of this article, there are few cases addressing its valuation in the context of divorce. On top of this, because of the emphasis on mediation and arbitration, fewer cases are being litigated in the court system, resulting in fewer court decisions addressing these complex issues. That means there is less guidance for the practitioner, as different treatments of similar facts and great ways of addressing IP valuation remain unreported.
Intellectual Property
February 29, 2016
Courts and negotiators, mediators and arbitrators across our country are grappling with questions surrounding the equitable distribution of intellectual property assets ' including, but not limited to, copyrights and patents. But this area of the law has not yet been fully addressed by case law.
The Proliferation Of Patent Boxes
February 29, 2016
Patent box is the catchy shorthand label that has been given to the tax incentive programs for intellectual property assets that have recently sprung up all over the world. While it may be descriptive of the British system, it is hardly descriptive of most tax regimes in other nations.
IP News
February 29, 2016
Fed. Cir.: PTAB Panel That Institutes <i>Inter Partes</i> Review May Also Make Final Decision on the Merits <br>Federal Circuit: Ambiguous Testimony Failed To Show Infringement
<i>TriVascular, Inc. v. Samuels</i>
February 29, 2016
On Feb. 5, 2016, in <i>TriVascular, Inc. v. Samuels, </i> the United States Court of Appeals for the Federal Circuit affirmed the written decision of the PTABin an <i>Inter Partes</i> Review. In particular, the court affirmed the Board's conclusion that the '575 patent was not invalid as being obvious over the prior art of record despite the Board's initial institution of the IPR based on obviousness grounds.
Fed. Circuit: Consultant's Pre-Agreement Work Falls Outside Assignment Provision
February 29, 2016
On Feb. 5, 2016, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a unanimous decision in <i>TriReme Med., LLC. v. AngioScore, Inc.,</i> holding that AngioScore's consulting agreement had failed to assign inventive contributions made by a consultant before the effective date of the agreement. The decision highlights the need for attentive drafting of agreements with new employees and contractors, especially if they may have engaged in relevant inventive activity before the start of the employment or contractor relationship.
Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i>
January 31, 2016
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.
Federal Circuit's Opinion In <i>In re Tam</i>
January 31, 2016
Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves.
