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Federal Circuit Expanding Interpretation of Step Two of the Test for Patent Eligibility

The Federal Circuit recently reversed a district court's decision granting a motion to dismiss a patent under 35 U.S.C. ยง 101 in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC.[1] The patent-in-suit, U.S. Patent...more

Steps Companies May Take to Comply with Revised Document Retention Requirements

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

Amendments to ESI Spoliation Sanctions Seek to Create Uniformity in Federal Courts

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

Second Circuit Adopts Plaintiff-Friendly "Discovery Rule" for Copyright Infringement Claims

The Second Circuit has ruled in Psihoyos v. Wiley & Sons that the "discovery rule" determines when the statute of limitations begins to run in copyright infringement claims.[1] In doing so, the court adopted a rule that may...more

US Supreme Court to Review Indefiniteness Standard under Section 112 of the Patent Act

On January 10, 2014, the Supreme Court agreed to review the Federal Circuit's standard for determining whether a patent claim is indefinite in Nautilus, Inc. v. Biosig Instruments, Inc. (S. Ct. No. 2013-0369), a case that...more

Supreme Court Interprets Copyright "First Sale" Doctrine

Introduction - On March 19, 2013, in a 6-3 decision, the Supreme Court issued its opinion in Kirtsaeng v. John Wiley & Sons, Inc., holding that the copyright "first sale" doctrine applies to copies of works manufactured...more

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