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Features

Supreme Court on APIs and Fair Use Image

Supreme Court on APIs and Fair Use

Scott Graham

Google didn't get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.

Features

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle' Image

Supreme Court Leaves As Many Questions As It Answers In 'Google v. Oracle'

Shaleen Patel

The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google's Android mobile platform had infringed Oracle's Java programming language's copyright. However, the Court did not answer the question of whether specific components of computer software qualifies for copyright protection at all.

Features

U.S. Supreme Court Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay Image

U.S. Supreme Court Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay

Michael L. Cook

A secured lender's "mere retention of property [after a pre-bankruptcy–repossession] does not violate" the automatic stay provision of the Bankruptcy Code, held a unanimous U.S. Supreme Court in City of Chicago v. Fulton.

Features

Not-So-Incidental Byproducts of 'Kelly' Image

Not-So-Incidental Byproducts of 'Kelly'

Gary Stein

Early returns are in, and they indicate that the Supreme Court's decision in the so-called "Bridgegate" case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.

Features

Implications of a More Conservative Supreme Court for White-Collar Practitioners Image

Implications of a More Conservative Supreme Court for White-Collar Practitioners

Robert J. Anello & Richard F. Albert 

A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court's future decisions may affect the law relevant to white-collar criminal practice.

Features

Testing for Genericness After USPTO v. Booking.com Image

Testing for Genericness After USPTO v. Booking.com

Alex Simonson

In the recent U.S. Supreme Court case of USPTO v. Booking.com, the U.S. Supreme Court held that the term Booking.com is not necessarily generic merely because it is composed of two components, each itself generic. In so deciding, Justice Ginsburg averred that there is an appropriate metric to determine if such a term is indeed generic, that of consumer perception.

Features

Alice and Incongruity In PTAB Appeals Image

Alice and Incongruity In PTAB Appeals

James W. Soong

This article discusses the significant contrast between consideration of issues related to the U.S. Supreme Court's decision in Alice Corp. v. CLS Int'l in prosecution and their resolution by the PTAB.

Features

States Win Some and Lose Some on Copyright Front at Supreme Court This Term Image

States Win Some and Lose Some on Copyright Front at Supreme Court This Term

Jason Bloom

The Supreme Court decided two copyright cases this term, both involving states. This article discusses the cases and their likely impact on copyright law going forward.

Features

Supreme Court Reins in Broad Reading of Fraud Statutes with 'Bridgegate' Case Ruling Image

Supreme Court Reins in Broad Reading of Fraud Statutes with 'Bridgegate' Case Ruling

Robert J. Anello & Richard F. Albert

When federal prosecutors focus their attention on high profile misconduct that is not an obvious violation of federal criminal law, they often cannot resist the attractions of broadly worded "catch-all" fraud statutes. From time to time, however, the U.S. Supreme Court has pushed back on efforts to further expand the boundaries of these statutes, leading to reversals of some well-publicized criminal convictions.

Features

Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases Image

Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases

Sarah Benowich

Romag Fasteners, Inc. v. Fossil, Inc. The Supreme Court, settling a circuit split, held that, although highly important, willfulness is not a prerequisite for a trademark infringement plaintiff to obtain a profits award.

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