Intellectual Property Science, Computers & Technology

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USPTO's Patent Subject Matter Eligibility Roundtable on Dec. 5, 2015

On December 5, 2016 the USPTO will hold its second Patent Subject Matter Eligibility Roundtable to discuss issues in patent eligibility. The USPTO published a list of eighteen questions in anticipation of the event, dealing...more

Federal Circuit Review | November 2016

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent...more

MarkIt to Market® - November 2016

The November 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for registering certification marks, a look at the Trademark Trial and Appeal Board's latest revisions to the Rules of Practice-its most...more

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital...more

Apple, Inc. v. Ameranth, Inc. (Fed. Cir. 2016)

Computerized Restaurant Ordering Menu Patents Found to Be Directed to Unpatentable Subject Matter - The U.S. Court of Appeals for the Federal Circuit reviewed a Patent Trial and Appeal Board (PTAB) decision in three...more

Don’t Lose Your Website’s Safe Harbor Protection Under the DMCA: New Procedures for Registering Agents

On October 31, 2016, the U.S. Copyright Office announced significant changes to its system for registering an agent to receive notifications of claimed copyright infringement, as required in order to take advantage of the...more

New Registration Required for Designating Agents Under the DMCA

Under new Copyright Office regulations, parties seeking the benefits of immunity under the Digital Millennium Copyright Act must re-register their Designation of Agents for notice and service through a new electronic...more

A Day Late And A Dollar Short – Court Grants Summary Judgment On Laches Defense

Order Granting Summary Judgment On Dropbox Laches Claims, Dropbox, Inc. v. Thru Inc., Case No. 15-cv-01741-EMC (Judge Edward M. Chen) - The proverb “[e]quity aids the vigilant, not the sleeping ones” aptly describes the...more

Five Takeaways: In the Trenches with Social Media

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present to the 2016 INTA (International Trademark Association) Leadership Meeting. Mr....more

U.S. Copyright Office Announces Important Changes to DMCA Agent Designation

Effective December 1, 2016 the U.S. Copyright Office is imposing new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who...more

Copyright Office Starts New Process for DMCA Safe Harbor Registration Today

Last month, the Copyright Office issued a final rule governing the designation of agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). To help streamline the process,...more

Perfect Surgical Techniques, Inc. v. Olympus America, Inc. (Fed. Cir. 2016)

Diligence is a patent concept whose applicability was severely restricted under the changes in U.S. patent law created under the Leahy-Smith America Invents Act. Diligence is important when determining whether an invention...more

Claim Terms Are Construed In Erythropoietin Case

Andrews, J. Claim construction opinion issues regarding two terms from one patent. A Markman hearing took place on September 21, 2016. The disputed technology relates to pharmaceutical compositions containing isoforms...more

Summary Judgment Motions Are Resolved

The court finds that the right to sue for infringement prior to the assignment of the patents was transferred to plaintiffs. Plaintiff’s motion regarding unclean hands is denied. The invalidity motion is denied due to issues...more

District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar ("Chrimar") filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.'s ("D-Link") corporate representative, William C. Brown. Chrimar previously took...more

News from Abroad: Not One But Two Decisions Fine Tune the Australian Patent Office's Approach to Life Science Technologies

Two recent Australian Patent Office decisions have provided clarity as to the patentability of isolated nucleic acid sequences following the High Court's decision in D'Arcy v Myriad Genetics ('Myriad'). The first decision is...more

DMCA Safe Harbor Protection Requires Action Under New Copyright Regulations

The US Copyright Office has promulgated new regulations that will take effect on December 1, 2016 regarding the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA), which will affect both internet service...more

Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

The Alice Effect on 3D Printing

3D printing technology evolves through advances in software, hardware, and materials. Inventions in 3D printing hardware and materials are eligible for U.S. patent protection. Software is a different story. The U.S. Supreme...more

Brazil to Join Madrid Protocol (But Not Before Mid-2018)

Following in the footsteps of a number of other South American countries, Brazil has confirmed its intention to join the Madrid Protocol. The announcement was made by the Brazilian Minister of Industry, Foreign Trade and...more

Blog: A Beam Of Sun For Trademark Licensees: Another Appellate Court Holds Rejection Does Not Terminate A Trademark Licensee’s...

The In re Tempnology LLC bankruptcy case in New Hampshire has produced yet another important decision involving trademarks and Section 365(n) of the Bankruptcy Code. This time the decision is from the United States Bankruptcy...more

Having the Last Word: Exploring the Good Cause Standard for Permitting Replies to Patent Owner Preliminary Responses

During the institution phase of a post-grant proceeding, the patent owner has the option of filing a preliminary response to the petition. 37 C.F.R. §§ 42.107(a), 42.207(a). The petitioner may then request leave to file a...more

MoFo IP Newsletter - November 2016

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” - October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more

Roxane Laboratories, Inc. v. Camber Pharmaceuticals Inc. (Fed. Cir. 2016)

The patent prosecutor's art requires exquisite foresight, if not prescience, in balancing the requirements for specificity needed to satisfy the disclosure requirements of § 112 while anticipating efforts to design around the...more

UK Autumn Statement 2016: IPT

No major changes were announced (subject to legislation to be published on 5 December), but we set out below a brief summary of the announcements which are relevant to corporates in the IPT sector....more

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