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IP Intelligence
Addition Through Subtraction, Broadening Reissue Upheld in Zoltek Corp. v. U.S., 2014-5082 (Fed. Cir. 2016)
The Zoltek versus the United States case might be characterized as if at first you don’t succeed, try, try again…and then try one more time. Zoltek took three trips to…
IP Intelligence
The Beastie Boys Fight for Their Rights and Win
On Wednesday Judge Alison J. Nathan of the U.S. District Court of the Southern District of New York ordered record label TufAmerica, Inc. to pay the Beastie Boys (Michael Diamond,…
IP Intelligence
Singers Chris Brown and The Weeknd Resolve Copyright Disputes
Last year, songwriter Nayeri Gregor filed a copyright infringement lawsuit against Chris Brown, Benny Benassi, and others, claiming Brown’s 2012 song Don’t Wake Me Up infringed her 2009 song of…
IP Intelligence
NFL Prevails over Retired NFL Players’ Suit Involving Use of Game Footage
The Eighth Circuit may have just ended the game for three retired NFL players who sued NFL Films for using game footage of the players in films. The players had…
IP Intelligence
Return to Sender: Elvis Presley Enterprises All Shook Up Over Rejected Discovery in German Royalty Dispute
The Southern District of New York recently denied an application brought by Elvis Presley Enterprises LLC (“EPE”) for an order to take discovery pursuant to 28 U.S.C. § 1782, a…
IP Intelligence
The Reasonable Computer
New England was aflutter last week, and not just because three judges were named to hear the appeal of the National Football League against Tom Brady in the continued “deflategate”…
IP Intelligence
Federal Circuit Judge Bryson Denies Motion to Disqualify Plaintiff’s Counsel
By Allen Sokal
Providing a rare glimpse into a Federal Circuit judge’s views on the rules of professional conduct governing conflicts of interest, on February 26, 2016, Federal Circuit Judge William Bryson, sitting…
IP Intelligence
Petitioners Beware: Improper Incorporation by Reference May Result in Truncated Petition
By Laura Gordon
On February 16, 2016, the Patent Trial and Appeal Board (“the Board”) partially denied institution of inter partes review (“IPR”) of claims 1-26 of U.S. Patent No. 8,338,724, citing petitioner’s…
IP Intelligence
New Examiner Training Materials on Patent Subject Matter Eligibility
In the wake of the Supreme Court’s Alice decision on patent subject matter eligibility, patent stakeholders have anticipated a reaction from the United States Patent and Trademark Office (USPTO) in…
IP Intelligence
Can Software Be Created As a Work-for-Hire?
In early February a decision out of the Southern District of New York added another layer of dicta supporting the notion that software created by an independent contractor can qualify…