IP|Trend: New Era in Protection of Software by Intellectual Property Law?
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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
Historically, the patent system has provided broad protections to software innovations. In the past, software patent holders could prevent competitor infringement without much need for a comprehensive disclosure of the...more
NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more
In this article:
- Patentability, Validity, and Procurement of Patents
- Interpretation and Infringement of Patents
- Enforcement of Patents
- Patents at the U.S. Supreme Court
Software publishers and audit associations are reviewing web sites and on-line profiles in an effort to aid in copyright infringement enforcement. Representations made on web sites and professional networking profiles has at...more
What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...more
Electronic Arts, Inc. (“EA”), owner of the $4 billion John Madden Football videogame franchise, thought it had a pretty good defense when Robin Antonick filed suit in the Federal Court for the Northern District of California,...more
A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...more
On 31 May 2012, U.S. District Judge William Alsup delivered a detailed judgement upholding the principle that APIs are not protected by copyright in the Oracle v Google case. Oracle filed an appeal to the ruling in October...more
DataTreasury Corporation (“DataTreasury”) has filed a new round of lawsuits against banks and their service providers relating to two patents which claims systems and methods for remotely capturing and centrally processing...more
License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will...more
Ronald J. Schoenbaum is a partner in Knobbe Martens Olson & Bear LLP's Orange County and Silicon Valley, Calif., offices. He focuses on patent prosecution, strategic patent portfolio management, and infringement/validity...more
Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more
The Federal Circuit, in Function Media v. Google, has determined that use of “means” language in a claim can lead to indefiniteness.
Functional Media sued Google for infringement of three patents regarding advertising...more
In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more...more
My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more
In This Issue:
- Written Contracts and the Statute of Limitations...Page 1
- Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2
- Business Tort Brings Sanctions...Page 3
In This Issue:
- Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement
- Free and Open-Source Software Diligence in Mergers, Acquisitions, and...more
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