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Olympian Patent Champions

The final judges scores are in, and the champions have been named for most utility patents received in 2015.  IBM took home the gold medal with 7440 utility patents issued for the year. This software company, based in New York, has led the patent grant field for 23 consecutive years. The silver medal in 2015 went […]

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Sequenom and the Future of Patentable Subject Matter

On June 27, the Supreme Court denied Sequenom’s petition from the Federal Circuit’s 2015 decision in Ariosa v. Sequenom. The relevant patent claimed methods of measuring cell-free fetal DNA (cffDNA) in maternal plasma and serum in order to identify fetal characteristics. The Federal Circuit assessed whether the claimed methods were directed to a naturally-occurring phenomenon, […]

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The Effects of Brexit on IP Protection

This morning, the world woke to the news that the UK has voted to leave the European Union. While we will continue to see the far reaching consequences of this decision in the days to come, there are a few certainties concerning European intellectual property rights. The Effects Will Not be Immediate The Lisbon Treaty […]

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Existing IPR Procedure Will Likely Stay the Same

The Federal Circuit yesterday, in a ten-to-one decision, rejected Ethicon’s petition for en banc rehearing on the question of whether the USPTO Director improperly delegated decision-making authority for the institution of inter partes review (IPR) to a PTAB panel. This decision confirms another existing USPTO practice, the function of PTAB panels to both institute and […]

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Under Pressure: The State of Sampling in the Music Industry

Earlier this month, Madonna won the appeal of a copyright infringement lawsuit before the 9th Circuit Court of Appeals. The plaintiff, VMG Salsoul LTD., alleged that a tiny (0.23 second!) sample of the horns from the song “Love Break“was used in Madonna’s song “Vogue.‚¬ The majority held that the sample was too small to be […]

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Supreme Court Upholds Broadest Reasonable Interpretation and No Review for Institution in PTAB Proceedings

The Supreme Court has issued its opinion in the case of In re Cuozzo Speed Technologies, LLC. In re Cuozzo initially began as an inter partes review (IPR) with the Patent Trial and Appeals Board (PTAB) where Garmin challenged the validity of Cuozzo’s patent relating to an interface that uses GPS technology to display a […]

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Derivative Works and Remastered Sound Recordings

A recently decided court case regarding remastered versions of pre-1972 sound recordings could have significant legal and practical implications for musicians, recording artists, sound engineers, and record labels. Judge Perry Anderson, of the United States District Court for the Central District of California, recently granted Summary Judgment for CBS Radio Inc. in a case brought […]

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Supreme Court Issues Decision on Treble Damages

On the subject of willful infringement, 35 U.S.C. § 284 provides that, “[T]he court may increase the damages up to three times the amount found or assessed.‚¬ On its face, the statute allows for broad discretion by the district courts, but the Federal Circuit set out a stricter standard for awarding of enhanced damages, as […]

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