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IP Intelligence
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IP Intelligence
Federal Circuit Provides Guidance on Divided Infringement, Inducement of Infringement, and Indefiniteness
By Allen Sokal
Patent owners will applaud the Federal Circuit’s latest pronouncement on divided infringement, inducement of infringement, and claim definiteness under 35 U.S.C. § 112. Eli Lilly & Co. v. Teva Parenteral Medicines,…
IP Intelligence
Biotech Patent Dispute Between Academics That Is Far From Academic
By Allen Sokal
On December 6, 2016, the parties to the complex and soon-to-be departed world of patent interferences orally argued their positions on motions in what has been described as the “biotech…
IP Intelligence
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.: The New York Court of Appeals Conducts an Inquiry Into the Past and the Future of State Copyright Law
By Robert Welsh
Sirius XM Radio received an early present for the holidays: On Dec. 20, the New York Court of Appeals issued an opinion addressing a question certified by the U.S. 2d…
IP Intelligence
Something’s phishy here … Addressing internet scams through intellectual property strategy
By M. Scott Koller, Shannon McCue
This time of year, people often seek extra work opportunities to make some spare cash. Job applicants flock to websites to find employment. This also attracts scam artists who impersonate…
IP Intelligence
Blockchain Goes Mainstream
By now, few would argue that blockchain, the technology behind bitcoin, has not broken new ground. In fact, the success of blockchain has extended to an array of other fields…
IP Intelligence
The Making Available Right Gets Transmitted to the U.S.
By Lynn Sessions, Suchismita Pahi, Chad Rutkowski
In what appears to be the first instance of an express recognition of a “making available” right under the U.S. Copyright Act, a D.C. district court in Spanski Enters. v.…
IP Intelligence
Renew It or Lose It: New Rules Set for DMCA Safe Harbor Protection
By Craig Cupid
Effective December 1, 2016, nearly five years after issuing an initial notice of proposed rules, the U.S. Copyright Office will be implementing new rules intended to govern the designation and…
IP Intelligence
Patent Invalidity Offense: When Is District Court Action the Better Option Over IPR, PGR or CBM?
It’s Monday morning after the Thanksgiving holiday. Easing back into the workweek with the lingering effects of turkey, stuffing and a miraculous Ohio State victory still sapping my brain, I…
IP Intelligence
Post Grant Review: § 112 and Eligibility Issues in Chemical and Life Sciences
Post Grant Review (PGR) petitions are on the rise, and nearly half of all petitions to date have challenged patents in Biotechnology and Organic Chemistry, or Chemical and Materials Engineering…
IP Intelligence
DOJ Appeals Decision Affecting Music Licensing
Lost in the news of the election, on Nov. 11, the Department of Justice (DOJ) filed a notice of appeal from an adverse decision issued by Judge Louis Stanton, who…