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Whose Photo Is It Anyway? Image Ownership on Instagram

April, 3rd, 2019

By Lauren C. Matturri Imagine taking a selfie, you post it on your public Instagram and tag the location.  The location is the Vessel in Hudson Yards. You go on with your week then see [Read More…]

TC Heartland: The End of Patent Venue as We Know It (But Patent Owners are Doing Fine)

April, 2nd, 2019

By Benjamin N. Luehrs Odds are, if you work at all in the patent space, you’ve heard a bit about the Supreme Court’s 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, [Read More…]

“Highly” Patentable Subject Matter: Legalization Creating a New Patent Thicket

February, 19th, 2019

By Mackenzie L. Long For the past few decades software and pharmaceutical patents have been two industries dealing with and building patent thickets. Many inventors and companies in these industries wish that they could have [Read More…]

Federal Circuit Restates Fees are not “a Penalty for Failure to Win a Patent Infringement Suit.”

February, 12th, 2019

By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]

Race to the Courthouse: The role of Declaratory Judgements in Trademark Infringement Cases

January, 31st, 2019

By Lauren C. Matturri In December 2018 toy company MGA Entertainment Inc. filed a declaratory judgment against Louis Vuitton.[1]  This was to preempt the French fashion house from claiming MGA Entertainment’s Pooey Puitton toy was [Read More…]

New Patentable Subject Matter Guidelines: Finally Some Help for Computer-Implemented Inventions

January, 23rd, 2019

By Stephen F.W. Ball, Jr. Many in the patent field are keenly aware that the USPTO just issued new patentable subject matter guidelines. The USPTO uses a multi-step process for determining patent eligibility and the [Read More…]

“OMG. How’d They Get a Patent on a Thing Like That?” (Part 2 of 2)

January, 18th, 2019

By Wesley W. Whitmyer, Jr.     Read Part 1 I have been asked this question hundreds of times. You can probably guess that the person doing the asking has just been accused of patent infringement. [Read More…]

The Art of Patent War: A Global Patent Strategy

January, 8th, 2019

By Victor P. Lin Just last year, the seven-year-long patent war between Apple and Samsung came to an end with both parties agreeing to settle the dispute over Samsung’s infringement of multiple U.S. utility and [Read More…]

Copyright Expiration Takes New Works to Public Domain

January, 4th, 2019

By Robert D. Keeler Amidst the clinking of champagne glasses at midnight on January 1, 2019, copyrights will experience a mass expiration for the first time in 20 years. Anyone will be free to use, [Read More…]

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