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SOFTWARE AS PATENTABLE SUBJECT MATTER POST ALICE

The issue of patent eligible subject matter under 35 USC § 101 affects many different types of inventions including those which incorporate software technology for controlling conventional machines and devices. Although the Alice v. CLS Bank...

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Author: John Richards | Practices: , | Tags: , , ,

CUOZZO V. LEE: SUPREME COURT AFFIRMED THAT CLAIMS SHOULD BE GIVEN THEIR BROADEST REASONABLE INTERPRETATION IN INTER PARTES REVIEW

On June 20th, in Cuozzo v. Lee, the Supreme Court affirmed the Federal Circuit holding that claims should be given their broadest reasonable interpretation in inter partes review...

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Author: John Richards | Practices: , | Tags: , , ,

SUPREME COURT IN KIRSTAENG V WILEY: objective reasonableness not controlling for attorney fees

The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright, even though a notice in...

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Author: John Richards | Practices: , | Tags: , , , ,

HALO V PULSE: HIGH COURT RELAXES STANDARD FOR ENHANCED PATENT DAMAGES

On June 13, 2016, Chief Justice Roberts delivered a unanimous decision of the Supreme Court in the case of Halo v. Pulse on the question of when enhanced damages can be awarded for patent infringement. This decision reversed an earlier decision of...

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Author: Kevin Thompson | Practices: , | Tags: , ,

DISPARAGING TRADEMARKS: THE SKIN-NY ON THE SLANTS

When a trademark disparages identifiable groups of persons, institutions, beliefs, or national symbols, Section 2(a) of the Lanham Act 1 bars its registration. This provision has been in the Act since it was written, but became an active...

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