07/12/2013 The Eight Circuit affirmed the constitutionality of statutory damages for copyright infringement against the challenge that it is disproportionately excessive in Capitol Records, Inc. v. Thomas-Rasset, 692 F.3d 899 (8th Cir. 2012). In 2011, record companies sued a woman for making copyrighted music available to others for free download by using a file-sharing service.  First the jury [...]

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02/09/2012 In the world of art, stimulating creativity becomes a constant battle between allotting freedom to new works of art while protecting original artists. Fundamentally, copyright’s aim is to promote creativity in order to benefit the public. By granting exclusive rights to authors, ideally copyright law incentivizes such creativity by original authors. But copyrights must [...]

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07/06/2013 The June 2013 Supreme Court decision in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 12-398 (2013) which considered whether portions of human genes may be patented, fueled an extraordinary amount of heated discussion for an intellectual property case. The patents at issue in Myriad concern mutated genes associated with increased risk of breast [...]

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06/28/2013 As early as the1990 decision in Manville Sales Corp. v. Paramount Sys. Inc., 917 F.3d 544 (Fed. Cir. 1990), the Federal Circuit applied a standard that encompasses negligence in determining whether the defendant violated 35 U.S.C. § 271 (b), prohibiting active inducement of infringement. Under this standard, if the alleged infringer knew or should [...]

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06/05/2013 Entities that are parts of technology standard-setting organizations are typically required to promise, in some fashion, to license patents essential to any resultant standard on reasonable and nondiscriminatory terms. Once the standard has been promulgated, the standard essential patents (“SEP”s) may be asserted in litigation and the patent holder is expected to live up [...]

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    06/17/2013 In Federal Trade Commission v. Watson Pharmaceuticals, Inc., No. 133 S. Ct. 787 (2012), the Supreme Court held that reverse payments in pharmaceuticals patent settlement...

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News

  • Post Grant Proceedings

    Aside from litigation before the federal district courts, the validity of granted U.S. patents may be challenged before the U.S. Patent and Trademark Office....

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Top Rated

  • Post Grant Proceedings

    Aside from litigation before the federal district courts, the validity of granted U.S. patents may be challenged before the U.S. Patent and Trademark Office....

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    08/11/2013 On August 7, 2013, the Federal Circuit affirmed-in-part the lower court’s decision in Apple Inc. v. ITC (2012-1338) finding no Section 337 violation...

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Latest

  • America Invents Act Creates a Transitional Program for Covered Business Method Patents

    03/20/2013 The America Invents Act (AIA) creates new administrative trial procedures to challenge patentability outside litigation before a district court venue. These trial procedures...

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  • America Invents Act

    The Leahy-Smith America Invents Act (AIA) became law on September 16, 2011, and represents the most comprehensive overhaul of the United States patent system...

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