Newsletters

11.07.23

Fair Use Is Objective Inquiry Into Use of Original Work, Not Subjective Intent of User or Expression

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held, in a 7-2 decision, that the Andy Warhol Foundation for the Visual Arts (AWF) infringed photographer Lynn Goldsmith’s copyright when it sold the right to use one of Andy Warhol’s images of ...


10.02.23

Double Trouble for Double Patenting or When Does My Patent Expire?

The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b).


07.20.23

Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing

On July 12, 2023, the U.S. Senate Committee on the Judiciary’s Subcommittee on Intellectual Property held its second hearing on artificial intelligence (AI) and intellectual property (IP).


07.18.23

Restrictive Claim Term Definition in Parent Application Does Not Restrict Term in Child Application

In Finjan LLC v. ESET, LLC, the Federal Circuit held that a definition provided in any incorporated-by-reference document is a part of the host patent.


07.06.23

Congress Takes Steps to Help Patent Owners Prevail

In 2011, Congress passed the America Invents Act, which established, among other things, a process by which a party could petition the Patent Trial and Appeal Board (PTAB) to review the validity of a challenged patent based on prior art publications.


06.20.23

Disclaimer Not Binding in IPR Proceeding Where Made

In CUPP Computing AS v. Trend Micro Inc., the Federal Circuit held that a disclaimer made in an inter partes review (IPR) proceeding was not binding in that proceeding, i.e., the disclaimer is not binding in the proceeding in which it is made.


04.25.23

Useful Improvement to Computer Network Using Standard Equipment Held Patent Eligible

In Cooperative Entertainment, Inc. v. Kollective Technology, Inc., the Federal Circuit held that useful improvements to computer networks can be patent eligible even when standard computing equipment is used.


04.04.23

Invention Related to Geographically Targeted Search Results Held Patent Eligible

In Weisner v. Google LLC, the Federal Circuit held claims directed to mobile device location tracking contained an inventive concept that transformed the abstract idea of creating and using travel histories to improve computerized search results into a patent-eligible invention.


03.14.23

Final Rule: Patent Office Clarifies Date of Receipt for Electronic Submissions

The United States Patent Office issued a final rule on the receipt date of patent correspondence officially submitted electronically using the Patent Office electronic filing system.


02.28.23

First NCAA NIL-Related Enforcement Resolution Signals What’s to Come

The NCAA issued a strong signal Friday on how NIL and recruitment-related violations will be investigated and sanctioned in the “NIL era.”