Supreme Court Passes on 101 Patent Eligibility By Kirk M. Hartung On January 13, the US Supreme Court denied the petition for certiorari by Athena Diagnostics seeking the highest Court’s review of patent eligibility under 35. USC 101. The petition relates to the en banc decision by the Court of Appeals for the Federal Circuit in Athena Diagnostics v. Mayo on July 3, 2019, wherein the appellate Court […] Continue Reading →
When YouTubers Cry: Prince Concert Videos Deemed Not Fair Use By Nicholas J. Krob Last week, U.S. District Judge Leo T. Sorokin granted summary judgment in favor of the estate of the late artist Prince regarding its claim of copyright infringement against Kian Andrew Habib, who had previously posted six Prince concert videos to his YouTube channel. In doing so, Judge Sorokin rejected Habib’s fair use defense, claiming Habib’s […] Continue Reading →
Notable Works Entering the Public Domain in 2020 By Brandon W. Clark The term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it. Currently, a copyright’s term […] Continue Reading →
Federal Circuit Clarifies Standard for Determining Nexus Between Claims and Secondary Considerations By Julie L. Spieker On December 18, 2019, in Fox Factory, Inc. v. SRAM, LLC, the Federal Circuit (the “Court”) vacated and remanded the Patent Appeal Board’s (the “Board”) obviousness determination. Fox challenged SRAM’s patent for bicycle chain rings in an inter partes review. The Court found that the Board applied the wrong standard for determining whether or not challenged […] Continue Reading →