Despite recent headlines that have proclaimed “The End of Crypto” in view of large-scale failures at cryptocurrency companies like FTX, Celsius, and Blockfi, innovation in the space continues at an accelerating pace. Startups...more
Fair Use and Social Media Sites like BuzzFeed -
Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has...more
With Bitcoin and alternative coins, such as Ethereum, Ripple, and Cardano, experiencing volatile price swings, cryptocurrencies have rapidly become mainstream and widely discussed, with many seeking to find ways to profit...more
Supplemental Examination: Potential Benefits vs. Guaranteed Risks -
The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more
9/16/2016
/ 3D Printing ,
America Invents Act ,
Compulsory Licenses ,
Defend Trade Secrets Act (DTSA) ,
Digital Media ,
DMCA ,
EU ,
Indirect Infringement ,
Intellectual Property Protection ,
Music Streaming ,
Patents ,
Popular ,
Royalties ,
Startups ,
Supplemental Examination ,
Trade Secrets ,
Trademarks ,
UTSA ,
Venture Capital ,
Venture Funding
One of the most commonly used buzzwords by the media and investors is the term “startup,” which is generally used to describe an entrepreneurial venture with the goals of rapid growth and immediate impact on a market....more
In This Issue:
- After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?
- When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more
6/3/2015
/ America Invents Act ,
B&B Hardware v Hargis Industries ,
CLS Bank v Alice Corp ,
Copyright ,
Copyright Infringement ,
Covered Business Method Patents ,
Estoppel ,
Intellectual Property Litigation ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Software ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Patents generally describe new inventions in terms of a unique structure, function, or combination of structure and function. Those patents that focus on functions of computers or computer-implemented functionality are often...more
6/2/2015
/ America Invents Act ,
CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Section 101 ,
Software ,
Software Developers
In This Issue:
- Prior Art Redefined Under the AIA
- PTAB Holds a Firm Line on Additional Discovery
- The Art of Prior Art Searching
- Anticipating a Federal Trade Secret Law
- Trademark...more
11/26/2014
/ Additional Discovery ,
America Invents Act ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patentability Search ,
Patents ,
Prior Art ,
SCOTUS ,
Trade Secrets ,
USPTO
Prior to filing a patent application at the United States Patent and Trademark Office (“USPTO”), an applicant seeking patent protection for an invention should consider conducting a prior art search. Also known as a...more
In This Issue:
- “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us
- USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter
- Functional Claim...more
Patent claim drafting is a challenging exercise that requires balancing potential infringement of the claim against the prior art. A patent practitioner may easily draft a claim of very narrow scope, but if such claim has a...more
In This Issue:
The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can...more
In Ex parte Mewherter, a recent decision by the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO), the Board handed down a precedential decision regarding the language of...more