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IP Intelligence
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IP Intelligence
Requirements of § 121’s Safe Harbor: Ensuring That Divisional Applications Will Be Protected Against OTDP Rejections
In a recent decision, the Patent Trial and Appeal Board (PTAB) narrowly construed the so-called safe harbor provision of 35 U.S.C. § 121, affirming the examiner’s rejection of a patent application…
IP Intelligence
Is This the Beginning of the End of Flo & Eddie’s Quest to Establish a Public Performance Right under State Copyright Law?
By Robert Welsh
Former recording artists Flo & Eddie’s three-and-a-half-year battle against Sirius XM Radio, Inc., for recognition of a public performance right under New York law for pre-1972 sound recordings has come…
IP Intelligence
Federal Circuit Expands Personal Jurisdiction in Declaratory Judgment Suits
By Allen Sokal
In Xilinx Inc. v. Papst Licensing GmbH & Co. KG, Appeal No. 2015-1919 (Fed. Cir. Feb. 15, 2017), the Federal Circuit applied the usual test for in personam jurisdiction, in…
IP Intelligence
Federal Circuit looks to provisional patent application in determining claim scope
Differences between a provisional patent application and a nonprovisional application claiming priority to the provisional application may inform claim construction, following the Federal Circuit’s recent decision in MPHJ Tech v.…
IP Intelligence
When Obvious Isn’t Obvious: Personal Web Technologies
On Valentine’s Day 2017, the Court of Appeals for the Federal Circuit vacated the Patent Trial and Appeal Board’s conclusions of obviousness in Personal Web Technologies, LLC due to insufficient…
IP Intelligence
Is There Copyright Infringement in Whoville?
The name “Cindy-Lou Who” likely invokes thoughts of the holiday season and Dr. Seuss’s beloved How the Grinch Stole Christmas (“Grinch”), which reminds us that the holidays are not all…
IP Intelligence
Licensees Stymied by Sovereign Immunity Both in Federal Court and at PTAB
By Allen Sokal
Licensees Covidien LP, Medtronic PLC, and Medtronic, Inc., failed to obtain any relief, at least so far, in federal court or at the Patent Trial and Appeal Board (PTAB)…
IP Intelligence
Sir Paul Will Not Let It Be: McCartney Makes Preemptive Strike Against Music Publishers to Reclaim His Copyrights
On Dec. 20, 2016, we wrote about a decision out of England’s High Court of Justice finding that members of music group Duran Duran breached their agreements with a music…
IP Intelligence
The Continuing “Evolution” of <i>Alice</i>: a GUI Example
On January 18, 2017, the Federal Circuit, in Trading Technologies International, Inc. v. CQG, Inc., No. 2016-1616 (Fed. Cir. Jan. 18, 2017) (NEWMAN, J.), issued a non-precedential decision affirming the…
IP Intelligence
Ceci n’est pas une Prince*: Richard Prince Appropriates and Repurposes Himself
Richard Prince, the (in)famous appropriation artist—and not an infrequent subject of this blog—is once again in the news. This time, it’s not because he’s defending appropriating and repurposing other people’s…