The Federal Circuit Clarifies the Specificity Requirement in Complaints for Direct, Induced, and Contributory Patent Infringement 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 […] Continue Reading →
Technology Driven Environmental Standards: A Filewrapper® Series on Environmental Technology and Patent Protection–Part II 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 quality of […] Continue Reading →
“Green” Patent Protection: A Filewrapper® Series on Environmental Technology and Patent Protection-Part I 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, environmental harm […] Continue Reading →
You May Enforce Your Trademark Right Across Border After All 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 […] Continue Reading →
Federal Circuit Provides Opening for Patent Eligibility of Software and Computer-Based Inventions 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 […] Continue Reading →
The Contested Ownership of “This Land Is Your Land” In the wake of litigation surrounding the classic song “Happy Birthday to You,”a class action suit has been filed addressing the classic folk song “This Land Is Your Land.”The class action case seeks to liberate the well-known song and place it in the public domain. It was filed on behalf of the band Satorii, which […] Continue Reading →
The Importance of Deposit Copies in Copyright Litigation 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 […] Continue Reading →
Attorneys Granted Motion for Increased Fees in “Happy Birthday” Copyright Suit 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 […] Continue Reading →
USPTO Offers New Pilot Program for After Final Responses The USPTO has implemented the “Post-Prosecution Pilot”referred to as the “P3 Program.”The goal of the program is to reduce the need for appeals by providing a more robust after final, pre-appeal program. The P3 Program essentially blends two existing programs: the After Final Consideration Pilot and the Pre-Appeal Brief Conference Pilot. The After Final Consideration […] Continue Reading →