LJN - Intellectual Property Strategist
Takeaways from the Recent Qualcomm Decision
Mon, 01 Jul 2019 01:08:03 EST
The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
Reflections on Potential Legislative Reform of the Patent Eligibility Standard
Mon, 01 Jul 2019 01:03:11 EST
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
States Not Immune from PTAB Proceedings, Federal Circuit Rules
Mon, 01 Jul 2019 00:53:47 EST
Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the patent trial and appeal board.
IP News
Mon, 01 Jul 2019 00:47:29 EST
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success
Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed
As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back?
Sat, 01 Jun 2019 00:09:56 EST
Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?
Photographs on the Internet: Circuit Courts Examine Copyright Infringement
Sat, 01 Jun 2019 00:07:13 EST
Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
Stanford Is Serving 11 Flavors of NPE
Sat, 01 Jun 2019 00:05:33 EST
Stanford Law School made available to the public a database of every patent lawsuit that's been filed since 2007.
IP News
Sat, 01 Jun 2019 00:03:46 EST
Mercedes Benz USA LLC v. Bombardier
Hey! That's My Move!
Wed, 01 May 2019 00:09:49 EST
Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing

The U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.

IPR Estoppel: The Present and the Future
Wed, 01 May 2019 00:07:20 EST
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
Best Practices for Social Media Advertising
Wed, 01 May 2019 00:05:39 EST
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
IP News
Wed, 01 May 2019 00:03:27 EST
Federal Circuit Declines to Follow Patent Office's Subject Matter Eligibility Guidance In Affirming Trial Court's Decision That Claims Are Directed to Patent-Ineligible Subject Matter
The Supreme Court Finally Resolves An Old, Vexing Question: Does “Registration Mean “Registration ? Answer: “Yes.
Mon, 01 Apr 2019 00:09:58 EST
In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court resolved a circuit split decades in the making by holding that a copyright is not “registered within the meaning of the Copyright Act unless and until a registration certificate actually has issued.
SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks
Mon, 01 Apr 2019 00:07:22 EST
This case should determine the availability of federal trademark registration for “immoral and “scandalous marks in this case, the acronym “FUCT for a clothing line.
Monopolizing the Disruptive
Mon, 01 Apr 2019 00:05:36 EST
The Federal Circuit's Threat to Software Innovation in the Oracle v. GoogleDecisions<

The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.

IP News
Mon, 01 Apr 2019 00:03:32 EST
In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.
UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing
Fri, 01 Mar 2019 00:09:24 EST
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
The DTSA's Jurisdictional Nexus, Three Years In
Fri, 01 Mar 2019 00:07:25 EST
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
When Alice Leaves Software in Wonderland: Review the Terms of Use
Fri, 01 Mar 2019 00:05:45 EST
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
IP News
Fri, 01 Mar 2019 00:03:12 EST
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA
New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for Inter Partes Review