IP News
Federal Circuit: District Courts Must Address <i>Intel</i> Factors In Determining Whether to Modify A Protective Order In Foreign Proceedings <br>Federal Circuit Applies An 'Abuse of Discretion' Standard of Review for a PTO 'Special Circumstances' Determination
<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in <i>Garcia v. Google</i> that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting <i>en banc</i> has rejected the panel's decision.
Using Unlicensed Photos on Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Superpowered Form of <i>Stare Decisis</i>
The U.S. Supreme Court, in <i>Kimble v. Marvel</i>, stood by its decision in <i>Brulotte</i>, reaffirming that post-expiration patent royalty provisions are unlawful per se and therefore unenforceable.
IP News
Federal Circuit Affirms '101 Subject Matter Invalidity of Internet-Related Software Patents Under <i>Alice</i><br>Patent Term Adjustments Do Not Apply To Continuing Applications Based On Delays In Application Prosecution<br>Federal Circuit Clarifies Standard of Review and Affirms Denial of Award for '285 Exceptional Case Attorney's Fees
Patent Reform Bills Target Patent Trolls
On Sept. 16, 2011, the America Invents Act became effective, including provisions directed at non-practicing entities, commonly known as "patent trolls." Many believe, however, that patent trolls are still a plague, and that more must be done to curtail abusive patent litigation. This has led to the introduction of several patent reform bills.
IP News
Federal Circuit Interprets 'Broadest Reasonable Interpretation' Claim Construction Standard <br>Federal Circuit: Order Vacated After Claim At Issue Was Cancelled<br>Fed. Circuit: Claim Construction Based on Understanding of 'One Skilled In the Art' Is Reviewed For Clear Error
No Direct Infringement Unless A 'Single Entity' Performs Each and Every Method Step
In <i>Akamai Technologies,</i> the Federal Circuit ruled that there is no direct infringement unless a "single entity" performs each and every step of the claimed method. Therefore, it found no direct infringement because Limelight and its customers were not part of a single entity and the customers were performing the missing step for their own benefit, not Limelight's.
