Filewrapper

Manuscript filed with copyright office not necessarily publicly available as of filing date

In a decision Tuesday, the Federal Circuit held the USPTO had not provided sufficient evidence that an inventor's manuscript was publicly accessible, and therefore available as prior art under § 102(b), before the critical date of the application. As a result, the court reversed the Board of Patent Appeals and Interferences. At issue was the […]

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Programming note

As many have surely noticed, while we have covered the major issues that have arisen, the pace of posts here at Filewrapper has slowed down of late. This is a reflection of the recent demands of the actual practice of law. The good news is the blogging pace should pick up soon, and look for […]

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Seventh Circuit: Notice requirement to Copyright Office when registration refused not jurisdictional

In a recent decision, the Seventh Circuit affirmed a district court's grant of summary judgment that a plaintiff could not prevail in her copyright claim. The court first addressed whether the plaintiff complied with the necessary procedural requirements to have her claim heard. The plaintiff had filed for a copyright registration and had been rejected […]

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Today’s eCommerce lesson: There’s no upside to using others’ trademarks in your website meta tags

Those who have a passing familiarity with website design are probably familiar with the concept of meta tags. Meta tags are pieces of data included in the HTML code of a webpage that provide information regarding the content of the page. You can view the code of a webpage you are visiting by clicking the […]

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