On March 21, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that retransmission of copyrighted works over the Internet are not eligible for compulsory licenses under 17 U.S.C. Section 111, which are available to “cable systems.”  Compulsory licenses generally equate to less economic return for copyright owners, so organizations such as Fox,…

Previously, Apple had won $399 million as damages related to Samsung’s infringement of Apple’s design patents.  Samsung appealed.  Additional damages in a design patent infringement case are governed by 35 U.S.C. Sec. 289, which allows a patent holder to recover the total profit an infringer makes from the infringement.  However, key to this determination is…

In light of In re Tam (the “Slants” case), the USPTO has published examination guidelines for use while the constitutionality of 15 USC Section 1052(a)’s scandalousness provision remains in question.

In reviewing a district court’s grant of summary judgment in favor of a defendant on the basis of patent ineligible subject matter, the Federal Circuit has affirmed. The method at issue involved steps of a borrower applying for a loan, a third party calculating a credit grading, lenders providing loan pricing, and then the borrower…

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