Mondaq USA: Intellectual Property
The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles.
On May 10, 2013, the Federal Circuit issued a decision in its en banc rehearing of CLS Bank International v. Alice Corp.
If you are a Marxist, you view the world in terms of class struggle; if you are an artist, you see the world as colors and forms; and if you are a trademark lawyer, you see the world in terms of, well, trademarks (and service marks).
On Wednesday May 22, 2013, the Vermont Attorney General's Office brought suit against an alleged patent troll, MPHJ Technology Investments, LLC, for violation of Vermont's Consumer Protection Act.
Industry standards can lower costs and increase interoperability between related technologies.
While the America Invents Act (AIA) brought many significant changes to the U.S. patent laws, there is arguably no more impactful change than the shift from a "first to invent" system to a "first inventor to file" system.
While the America Invents Act (AIA) brought many significant changes to the U.S. patent laws, there is arguably no more impactful change than the shift from a "first to invent" system to a "first inventor to file" system that occurred on March 16, 2013.
On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules that implemented changes to patent term adjustment (PTA) provisions mandated by the AIA Technical Corrections Act of January 14, 2013.
The recent Supreme Court decision in Kirtsaeng v. John Wiley & Sons represents a significant victory for college students in their struggle with media companies over copyrighted media.
A deeply divided en banc panel of the Federal Circuit has ruled that a computerized platform for reducing risk in financial trading offered by Alice Corp. was merely an abstract concept that's ineligible for patent protection.
In 2007, the United States Supreme Court ruled that patent licensees could challenge their obligation to pay patent license royalties under a license agreement without first breaching the license agreement by halting royalty payments.
On April 19, 2013, the U.S. International Trade Commission (ITC) published Final Rules of Practice and Procedure (78 Fed. Reg. 23474-487).
The Leahy-Smith America Invents Act (AIA) implements the most significant reform to US patent law since 1952.
This recommendation should have a positive impact not only to deter parties from typosquatting, but also to deter parties from providing landing websites or other related services to aid registrants in domain monetization schemes.
A long time manufacturer of ceremonial paddles has recently marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek organizations’ trademarks in his advertising.
On May 13, 2013, the U.S. Supreme Court issued a unanimous decision in Bowman v. Monsanto Co. regarding the doctrine of patent exhaustion.
A discussion on a recent case, where the pllaintiff, The Sliding Door Company, brought an action for patent infringement against KLS Doors, LLC alleging infringement of a patent for a sliding door system.
The Supreme Court handed down a unanimous decision today in Bowman v. Monsanto, holding the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds by replanting seeds after growing a first crop.
A discussion on what fan fiction authors need to know about copyright protection.
On May 10, 2013, the Court of Appeals for the Federal Circuit issued a highly anticipated, but in the end somewhat unfulfilling, en banc decision in CLS Bank v. Alice Corp., holding that claims for a computerized trading platform were ineligible subject matter under 35 U.S.C. § 101.
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The Supreme Court of the United States has recently heard oral argument in "Association for Molecular Pathology v. Myriad Genetics, Inc." to decide the question, "Are human genes patentable?"
In the wake of the Supreme Court oral arguments in the Myriad "gene patent" case, most commentators are predicting that the Court will uphold the patent-eligibility of non-naturally occurring DNA sequences (such as cDNA), but will decide that even "isolated" forms of naturally occurring DNA cannot be patented under 35 USC § 101.
On March 25, 2013, the Supreme Court heard oral arguments in "Federal Trade Commission v. Actavis", which involves a circuit split regarding "pay for delay" settlements within the pharmaceutical industry.
A patent is only as valuable as the patent owner's willingness, and ability, to enforce it. But patent litigation is expensive -- and risky.
Startups and emerging growth companies should focus on building a patent monopoly around the most commercially important choke points of their inventions while making efficient use of their patent dollars and the precious time of their key innovators and technical experts.
A discussion on key five IP consideration corporate counsel should be aware of when retaining a contractor for the developing of a company's software.
What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible "abstract idea"; and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?
As is well known, patent trolls often threaten dozens of alleged infringers in the hope of scoring quick license fees from those who understandably prefer to provide a modest payoff, thereby avoiding expensive and protracted litigation.
A recent Second Circuit court decision appears to establish a broad fair use exception for the use of artistic works in new works.
In "Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc.", the Federal Circuit reversed the district court and held that Bayer’s patent covering its Yaz® birth control pill product is invalid as obvious.
