Over the last 15 years, the discussion over the types of subject matter that are considered patent eligible under 35 U.S.C. § 101 has been mostly focused on the software and biological fields. Several years ago, the Federal...more
The United States Patent and Trademark Office (“USPTO”) announced a new pilot program, called the Deferred Subject Matter Eligibility Response Pilot Program (“Pilot Program”), that will allow certain patent applicants to...more
Several musical artists, producers, publishers and songwriters, including the estate of the Notorious B.I.G and Rita Ora, are celebrating after a U.S. District judge for the Southern District of New York dismissed a copyright...more
When filing a utility patent that includes design elements, the patentee is often faced with the question “should I also file a design patent?” The patentee may answer with “there is no need to file the design patent since...more
When faced with a random (but very important) question, how often is our response: “I’ll google it”? Using google as a verb, similar to the above question, was at the center of a recent decision by the U.S. Court of Appeals...more
A recent decision from the California Court of Appeal, Fourth Appellate District, ended the hopes and dreams of a copyright owner from receiving a share of the $2.8 billion earned by James Cameron’s Avatar film. In this...more
7/21/2016
/ Anti-SLAPP ,
Attorney's Fees ,
Avatar ,
Breach of Contract ,
Copyright Infringement ,
Copyright Litigation ,
Fraud ,
Motion To Strike ,
Movies ,
Oral Contracts ,
Royalties ,
Settlement Negotiations
A recent opinion from the United States Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co., No. 2015-1553, 7 (Fed. Cir. 2016), held that design patents can provide protection for ornamental...more
5/6/2016
/ Aesthetic Functionality ,
Claim Construction ,
Declaratory Judgments ,
Design Patent ,
Intellectual Property Protection ,
Noninfringement ,
Patent Applications ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Popular ,
Utility Patents
A recent court order from the United States District Court for the Eastern District of Virginia—and a resulting jury verdict – may be instructive to internet service providers (“ISPs”) when it comes to their “repeat...more