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 prod....... Read More
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 gr....... Read More
Post By Blog Staff 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 Supr....... Read More
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 "effective....... Read More
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 co....... Read More
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 tech....... Read More
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 c....... Read More
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 id....... Read More
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....... Read More
Post By Blog Staff Recently a California U.S. District Judge found that Warner/Chappell Music, Inc. did not hold a valid copyright on the song "Happy Birthday To You‚¬, and the song was held to be in the public domain. As part of the judgment, Warner/Chappell Music, Inc. was ordered to pay $14 million to reimburse members of the class action law suit ho had previously paid to use the song "Happy Birthday T....... Read More
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