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Mintz - Intellectual Property Viewpoints

Patent Owner Tip #1 For Surviving An Instituted IPR: Approach IPR Depositions Like A Cross-Examination

As a Patent Owner in an instituted Inter Partes Reviews (“IPR”), one of the first and most critical tasks before you is deposing the Petitioner’s witnesses, including its experts. But approaching an IPR deposition like a...more

Proskauer - New Media & Technology

Landmark Fair Use Victory at the Supreme Court in Software Case

In a narrowly drawn, yet significant decision, the Supreme Court reversed the Federal Circuit and ruled that Google LLC’s (“Google”) copying of some of the Sun Java Application Programming Interface (API) declaring code was a...more

Foley & Lardner LLP

The Impact of Google v. Oracle: Google’s Big Win at the Supreme Court

Foley & Lardner LLP on

Earlier this week, the Supreme Court issued a decision in the long-standing copyright battle between technology titans, Google LLC and Oracle America, Inc., Google LLC v. Oracle America Inc. , ruling 6-2 in favor of Google....more

McDermott Will & Emery

Purple Pain: Warhol's Prince Series Isn't Fair Use of Photographer's Image

In a case spanning nearly 40 years of art and touching the estates of two of the world’s most well-known artists, the US Court of Appeals for the Second Circuit clarified its position on the application of the fair use...more

McDermott Will & Emery

Pardon My French: France Wins Trademark Dispute Using Sovereign Immunity

The US Court of Appeals for the Fourth Circuit reversed a district’s court denial of sovereign immunity under the Foreign Sovereign Immunity Act (FSIA) and remanded the case to be dismissed with prejudice, holding that France...more

Knobbe Martens

Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents...

Knobbe Martens on

GOOGLE LLC V. ORACLE AMERICA, INC. Before the United States Supreme Court (Opinion by Justice Breyer) on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary: Where use of...more

Hogan Lovells

Judge signals that artificial intelligence cannot be named as an inventor in the United States

Hogan Lovells on

The ongoing artificial intelligence (“AI”) inventorship case of Thaler v. Iancu, et al. (No. 1:20-cv-00903) took another turn on April 6th when U.S. District Court Judge Leonie Brinkema of the Eastern District of Virginia...more

Haug Partners LLP

The Supreme Court says that Google’s use of Oracle’s copyrighted software was fair use, reversing Federal Circuit

Haug Partners LLP on

On Monday, April 5, 2021, the Supreme Court ruled in favor of Google in a dispute over Google’s use of Oracle’s copyrighted software in its Android platform, because the use was protected under the “fair use” doctrine....more

Dunlap Bennett & Ludwig PLLC

Supreme Court Developments in Intellectual Property Law

The past year has brought with it many changes, and the tumultuous realm of intellectual property law is no exception. From a pair of holdings that made copyright claims more difficult when the government is involved...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021: GW Pharma Seeks Dismissal of Patent Suit Filed in Texas by Canopy Growth

We have been keeping a close eye on the patent suit filed by Canopy Growth against GW Pharma in the Western District of Texas’s Waco Division, a venue that has attained recent fame for its speed to trial in patent litigation....more

Woods Rogers PLC

Supreme Court Sides with Google in Copyright Case

Woods Rogers PLC on

The Supreme Court’s ruling in Google v. Oracle has the potential to expand software developers’ freedom to build on existing products, while also limiting software copyright protections. On Monday, April 5, 2021, the...more

Vinson & Elkins LLP

Western District Of Texas Sanctions Patent Infringement Defendant For Discovery Abuse And Misconduct

Vinson & Elkins LLP on

On April 6, 2021, the Western District of Texas ordered that preliminary injunction relief was appropriate to prevent irreparable harm to the plaintiff due to the defendant’s “discovery abuse and related misconduct.”...more

Porter Hedges LLP

What Is In the Water In Waco? A Lot Of Patents!

Porter Hedges LLP on

*Note: this post contains information from an ongoing quantitative analysis study of the Western District of Texas, Waco Division. Watch this blog for further updates. Waco is famous for a few things: Baylor University...more

Fox Rothschild LLP

Oracle v. Google: What Does The Supreme Court Decision Mean For Software Companies?

Fox Rothschild LLP on

After over 10 years of litigation, the U.S. Supreme Court ruled this week in Oracle v. Google that Google’s use of 11,500 lines of Oracle’s code in its Android platform was a fair use. Borrowing the code made it easier...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - April 2021

In this edition, we examine the effect of Fintiv on PTAB proceedings dealing with patents asserted in so-called “rocket docket” courts. Next, we provide a brief summary of several recent Federal Circuit cases. We conclude by...more

Cole Schotz

When To File A Trademark Application

Cole Schotz on

One of the questions we hear the most from current and prospective clients is whether they should be filing a federal trademark application to protect a certain trademark. This question is often followed up with the question...more

Jones Day

FedEx Delivery Sufficiently Akin to Priority Mail Express for Petition Service

Jones Day on

A PTAB panel found FedEx sufficiently akin to Priority Mail Express to meet the petition service rule, and to the extent necessary further waived the regulatory requirements related to the timing of Petitioner’s (TIZ Inc....more

Akerman LLP - Marks, Works & Secrets

If Warhol Isn’t Transformative, Who (or What) Is? The Second Circuit Finds Andy Warhol’s Prince Series Not Fair Use

On March 26, 2021, the Second Circuit reversed a 2019 district court ruling and held that Andy Warhol’s “Prince Series” did not qualify as fair use of Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”). ...more

Morrison & Foerster LLP - Federal Circuitry

Will Your Appeal Have Argument Soon?

There’s a perception in the Federal Circuit bar that that Court has been scheduling cases for oral argument a bit quicker recently.  Now, on some levels, it’s all relative—the Federal Circuit has always been pretty quick in...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Motion Opposing CVC Motion for Misjoinder of Inventorship under 35 U.S.C. § 102(f)

Last December, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") filed its Substantive Motion No. 3 under 37 C.F.R. § 41.121(a)(1) asking for judgment of...more

Burr & Forman

Supreme Court Finds Google’s Copying of Oracle’s Code is Fair Use, Avoids Copyrightability Question

Burr & Forman on

In a closely-watched case, the Supreme Court on Monday ruled 6-2 that Google’s copying of over 11,000 lines of Oracle’s application programming interface (API) code was permissible fair use under copyright law.  Writing for...more

Harness, Dickey & Pierce, P.L.C.

Copying for Compatability, Rather than Creativity, is Fair

The Supreme Court finally resolved the dispute between Google and Oracle over Google’s copying of 11,500 lines of declaring code from nearly 3 million lines of code from Sun Java API was copyright infringement. Dodging the...more

King & Spalding

“Purple Book” Patent Listing Under Biological Product Patent Transparency Act: What is Required, and What to Expect?

King & Spalding on

The Biological Product Patent Transparency Act (“BPPT”) – tucked into Congress’s omnibus spending bill (“Consolidated Appropriations Act,” H.R. 133, Pub. L. No. 116-260) signed into law on December 27, 2020 – is the...more

Goulston & Storrs PC

Supreme Court Finds Google’s Use of Oracle’s Java Code in Android Operating System to Be Fair Use

Goulston & Storrs PC on

On April 5, 2021, the Supreme Court of the United States held that Google’s use of certain Java Application Programming Interfaces (API) in its Android operating system was not copyright infringement and instead constituted...more

Epstein Becker & Green

The Doctrine Formerly Known as “Fair Use”

On March 26, 2021, the United States Court of Appeals for the Second Circuit decided The Andy Warhol Foundation v. Goldsmith, a decision addressing the “fair use” doctrine, an important part of copyright law. “Fair use” tries...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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