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FTC Takes on a Patent Troll -
Tackling the issue of patent trolls for the first time, the Federal Trade Commission charged MPHJ Technology Investments, LLC and its law firm Farney Daniels with making deceptive claims...more
On Thursday, November 14, 2014, the Federal Circuit issued its latest decision in Ultramercial, Inc. v. Hulu, LLC and WildTangent, Inc., 2014 U.S. App. Lexis 21633 – a case that has been through a four-year appeal process and...more
The third time is the charm in Ultramercial v. Hulu: After twice finding that an advertising method patent was directed to patent eligible subject matter, the Court of Appeals for the Federal Circuit’s third Ultramercial...more
After sparring three separate rounds at the Court of Appeals for the Federal Circuit, in a panel opinion authored by Judge Lourie, the Federal Circuit affirmed the district court’s grant of Defendant WildTangent’s pre-answer...more
DECISIONS ON PATENTABLE SUBJECT MATTER UNDER ALICE CORP. -
Federal Circuit Invalidates Patent Using the Supreme Court’s Alice Corp. § 101 Analysis -
On November 14, 2014, the Federal Circuit held a patent...more
Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more
The Federal Circuit recently applied Alice Corp. v. CLS Bank to invalidate all claims of a patented method for advertising over the Internet in Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. November 14, 2014). Like the Supreme...more
On November 14, 2014, in a much-anticipated decision following the U.S. Supreme Court’s decision in Alice v. CLS Bank, a unanimous U.S. Court of Appeals for the Federal Circuit held in Ultramercial, L.L.C. v. WildTangent,...more
Citing the Supreme Court of the United States’ Spring 2014 decision in Alice Corp. v. CLS Bank, the U.S. Court of Appeals for the Federal Circuit reversed itself and concluded that a claimed method for distributing online...more
BNB Health Grades, Inc. ("Health Grades") filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com ("MDx"). During the litigation, Health Grades identified licensing agreements and associated systems...more
A white paper from OBER/KALER describing what you need to know about .bank -
Sunrise is on the horizon for .bank. A new Internet land rush begins mid-2015 for websites bearing the extension .bank, the financial...more
The Federal Circuit in Ultramercial, Inc. v. WildTangent, Inc., held that an “entrepreneurial” multi-step process for distributing copyrighted media products over the Internet to consumers is not patent-eligible under 35...more
In its third opinion reviewing the same district court decision, the Federal Circuit this time affirmed the district court’s grant of WildTangent’s motion to dismiss Ultramercial’s patent infringement complaint because the...more
In its most recent decision in Ultramercial, Inc. v. Hulu, the Federal Circuit finally concluded that the claims-at-issue do not cover patent-eligible subject matter under 35 U.S.C. § 101. This comes after two prior...more
Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case. On a 12(b)(6) motion, and without construing the claims, the District...more
Federal Circuit: Licensor Has No Standing to Sue Where it Has Transferred “All Substantial Rights” to Its Licensee -
The Federal Circuit affirmed a decision by Judge Schneider in the Eastern District of Texas to...more
Earlier this year, Socially Aware noted a peculiar decision out of the Ninth Circuit Court of Appeals holding that an actress owns a copyright interest in her five-second performance in a film and thus could demand the...more
Myth: If it’s on the Internet, it’s in the public domain.
“Public domain” refers to works which are NOT protected by copyright law. There are only three ways in which something can be considered...more
It isn’t often that Forbes and Arcade Sushi are reporting on the same story. But some news is so big, so ground breaking, and so important that all media outlets cannot, in good moral consciousness, fail to comply with their...more
In a CBM petition filed by petitioners PNC Bank, U.S. Bank, and Bancorp, the petitioners sought review of U.S. Patent No. 7,631,191, which claims a method of authenticating a web page. The petition challenged the validity of...more
Manuel Noriega v. Activision Blizzard, Inc., No. BC 551747 (Cal Super. Ct. filed October 27, 2014) -
In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video...more
..Cuffed links. The Spanish parliament has passed what is commonly known as the “Google tax,” although it’s technically not a tax and doesn’t apply solely to Google. Rather, it’s an intellectual property law requiring online...more
USDC, Southern District of New York, October 23, 2014 -
In light of Supreme Court’s recent decision that defendant Aereo, Inc., engaged in public performances under Copyright Act by capturing over-the-air broadcast...more
Fortres Grand Corporation v. Warner Bros. Entertainment Inc. -
The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more
Internet liability are increasingly tested with the growth of social media. And we receive a large number of requests of advice from clients running a fan page, a group or a list on social networks dedicated to either their...more
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