Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000
October 19, 2016
Post by Brandon W. Clark

Post By Brandon W. Clark It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included on numerous “best ever” lists and in 2002 the National Film Registry of the Library of Congress....... Read More

Patent and Trade Secret Protection Considerations: A Filewrapper® Series on Environmental Technology and Patent Protection—Part IV
October 19, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen In this fourth week of the Filewrapper® series on considerations for environmental technology, we will be discussing the tensions that arise in protecting environmental technology through either patents or trade secrets. As with any invention, the selection of trade secret or patent protection comes down to value of the technology as either proprietary or a commercial product. However, ....... Read More

USPTO Programs and Options: A Filewrapper® Series on Environmental Technology and Patent Protection—Part III
October 14, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen In this third week of the Filewrapper® series on considerations environmental technology, we will be discussing USPTO efforts and programs designed specifically for environmental technologies. The concept of prioritizing green technology patents is not new to the USTPO. On December 8, 2009, a USPTO pilot program was launched to accelerate review of green technology patent applic....... Read More

Software patents in the Federal Circuit… One step forward, two steps back.
October 12, 2016
Post by Marcus A. Smetka

Post By Marcus A. Smetka Following the United States Supreme Court's ruling in the Alice Corp. v. CLS Bank Int’l, (S. Ct. 2014) case (which held that abstract ideas are not patentable), the software and computer industry has been fighting and clawing to peel back the layers of the decision in hopes of finding some clarity as to what is and is not patentable subject matter. In Alice, the Supreme Court held ....... Read More

The Federal Circuit Clarifies the Specificity Requirement in Complaints for Direct, Induced, and Contributory Patent Infringement
October 05, 2016

Post By Blog Staff In Lyda v. CBS, the Federal Circuit held that a complaint alleging joint and/or contributory infringement must provide factual allegations for each claim element. Regarding direct infringement, “the pleading requirements of Form 18 [a complaint template provided by the Federal Rules of Civil Procedure] suffice to survive a motion to dismiss” as the form “effectively immunizes a c....... Read More

Technology Driven Environmental Standards: A Filewrapper® Series on Environmental Technology and Patent Protection--Part II
October 03, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen Filewrapper® previously introduced a new series of blog postings on the considerations for patent protection of environmental technology. Before discussing patent protection for these emerging technologies, it is beneficial to understand the regulatory system in which environmental technology must live in order to be placed into a commercial setting. While concerns about the qual....... Read More

“Green” Patent Protection: A Filewrapper® Series on Environmental Technology and Patent Protection—Part I
September 27, 2016
Post by Caitlin M. Andersen

Post By Caitlin M. Andersen Mounting scientific evidence that the global climate is changing has sparked a new wave of innovation in the field of environmental technologies. Many of these improvements to existing technologies have been patented and licensed, enhancing the financially lucrative nature of research and development in this industry. However, in some instances, despite technological advances, e....... Read More

You May Enforce Your Trademark Right Across Border After All
September 20, 2016
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu, Ph.D. Bayer owns and uses the FLANAX trademark in Mexico to sell a pain reliever product. Neither Bayer nor its sister company in the US registered the FLANAX trademark in the US, but rather use another trademark, ALEVE, to sell the same product here. In 2004 Belmora registered FLANAX in the US for sales of a substantially same product. Bayer successfully cancelled Belmora’s trademark....... Read More

Federal Circuit Provides Opening for Patent Eligibility of Software and Computer-Based Inventions
September 16, 2016
Post by Nicholas J. Krob

Post By Nicholas J. Krob The United State Court of Appeals for the Federal Circuit has provided clarity this week regarding the patent eligibility of computerized processes. On Tuesday, the appellate court issued its ruling in McRO, Inc. v. Bandai Namco Games America Inc. et. al., wherein it reversed the lower court’s ruling that patents on lip-sync technology were invalid for claiming an abstract idea. Under 35 U....... Read More

The Importance of Deposit Copies in Copyright Litigation
September 08, 2016
Post by Brandon W. Clark

Post By Brandon W. Clark Two of the most notorious copyright litigation cases in recent years share one thing in common, neither jury was allowed to compare the audio recordings of the songs in question. The rulings in both the “Blurred Lines” and “Stairway to Heaven” cases show how important it is to file accurate and complete deposit copies with the US Copyright Office. “Blurred Lines” v. “Got To Give It....... Read More

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