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IP Intelligence
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IP Intelligence
Comparing Social Media Intellectual Property Policies: Part 2 – Social Media User Agreements
Social media users come in all shapes and sizes, ranging from individuals to large corporations. Users post text, images, video and sound files on social media sites. As discussed in…
IP Intelligence
<i>Amdocs</i> Highlights Panel Dependency of §101 Decisions at Federal Circuit
In Amdocs v. Openet Telecom, the Federal Circuit reversed a district court ruling that the claims of several patents were invalid under 35 USC § 101.[1] Judge Plager authored the…
IP Intelligence
Is hyperlinking copyright infringement? EU vs. US
By Paulette Thomas, Maryanne Stanganelli
Over in Europe, the Court of Justice of the European Union (CJEU) has been hyperactive in the area of hyperlinking and copyright, at least as compared with the United States.…
IP Intelligence
Patent Exhaustion Case Could Have Enormous Impact on Multinational Businesses
Earlier this year, the Federal Circuit ruled en banc in Lexmark v. Impression,[1] the most significant exhaustion ruling since the Supreme Court’s Quanta decision.[2] In response to Impression’s cert. petition,…
IP Intelligence
Not Dat Function, Dis Function
When we talk these days about the role of functionality in determining the copyrightability of a useful article, we are generally talking about the 10 different separability tests currently…
IP Intelligence
Federal Circuit Panel Splits in Important Decision Regarding Its Jurisdiction over Institution of IPRs
By Allen Sokal
In Husky Injection Molding Systems Ltd. v. Athena Automation Ltd., Appeal Nos. 2015-1726, 1727 (Sept. 23, 2016), the panel majority, consisting of Judges Lourie (the opinion’s author) and Stoll, differed…
IP Intelligence
A Split Panel of the Federal Circuit Debates the Standards for Definiteness
By Allen Sokal
In Cox Communications, Inc. v. Sprint Communications Co. LP, Appeal No. 2016-1013 (Fed. Cir. Sept. 23, 2016), the panel, consisting of Chief Judge Prost (authoring the opinion) and Judges Newman…
IP Intelligence
Important Federal Circuit Decision Provides More Clues on Software Eligibility
On Sept. 13, 2016, the Court of Appeals for the Federal Circuit gave applicants and patentees another tool with which to argue for the patent eligibility of their software innovations,…
IP Intelligence
Comparing Social Media Intellectual Property Policies: Part 1 – Social Media Infringement
Social media is an unchecked wild fire that burns throughout society. Whether the motivation is pure entertainment, the ability to connect and interact, or perhaps the promise of fame and…
IP Intelligence
Federal Circuit Holds PTAB Unreasonable in Denying Motion to Amend
By Allen Sokal
In Veritas Technologies LLC v. Veeam Software Corp., Appeal No. 2015-1894 (Fed. Cir. Aug. 30, 2016), the Federal Circuit affirmed the PTAB’s conclusion of obviousness but vacated its denial of…