• WTO Dispute Roundup: China Hits Back In US IP Brawl

    Law360 (March 27, 2018, 6:29 PM EDT) — In Law360’s latest glimpse of the World Trade Organization’s Dispute Settlement Body, the new U.S.-China battle over intellectual property escalates, Canada’s challenge of U.S. lumber duties stalls and the impasse over Appellate Body vacancies continues to …

     
  • Escaping Summary Judgment Under § 101

    Setting a new course with respect to 35 USC § 101 litigation issues, the US Court of Appeals for the Federal Circuit held that the issue of whether a claim recites patent eligible subject matter—a traditional question of law—may also contain disputes over underlying facts sufficient to prevent a court... Continue reading

     
  • 3 Things To Know As 1st Patent Derivation Gets Underway

    Law360 (March 27, 2018, 5:06 PM EDT) — The Patent Trial and Appeal Board instituted its first-ever derivation proceeding last week, putting a … Derivation proceedings were established by the America Invents Act and are used to determine whether an issued patent was actually derived from the work …

     
  • Federal Circuit sends Oracle v. Google back for third trial

    Oracle asked for a judgment as a matter of law — that is, for the judge to toss out the freshly entered jury verdict and start a new trial. The judge, who had at this point been presiding over this case for, like, six years, chose not to. Today, the... Continue reading

     
  • Java-aaaargh! Google faces $9bn copyright bill after Oracle scores ‘fair use’ court appeal win

    But they find Google’s usage of Oracle’s Java APIs falls short of the requirements under the law. In a statement emailed to The Register, J. Michael Keyes, a partner at law firm Dorsey & Whitney who focuses on intellectual property law, said the decision has huge implications if it stands.... Continue reading

     
  • IP Paralegal at Robert Half Legal

    Our client is a multi-national tech company searching for 2-3 paralegals with intellectual property litigation and/or patent prosecution experience to join their in-house legal team. Leave the big firm culture and experience the corporate life with excellent benefits, amazing work-life balance, very generous …

     
  • The Expanding Strength of US Patents Beyond US Shores

    Nearly half a century ago, a dispute about shrimp led to the global expansion of U.S. patent rights. In the 1960s, a series of shrimp deveining machines manufactured by the Deepsouth Packing Company were found to infringe patents owned by its competitor, Laitram Corporation. To circumvent the …

     
  • Galleria Blasts ‘Shocking’ Verdict On Copyright Law

    #Trade-Related Intellectual Property Rights, or TRIPS, are also a key component in rules-based trading regimes, and will assume critical importance as the Bahamas moves to become a full World Trade Organisation (WTO) member by end-2019. #The Government has recently sought feedback on …

     
  • Insanity Wins As Appeals Court Overturns Google’s Fair Use Victory For Java APIs

    In short, CAFC’s reasoning is basically “we think this is infringement, and thus we’re going to handwave around the law to make sure that it’s infringement.” It’s bad. And, again, CAFC shouldn’t even be hearing the case. CAFC hears appeals on patent cases, and originally there were a few patent... Continue reading

     
  • Oracle v. Google: The Federal Circuit goes all-in on copyright and software

    In the first appeal, the Federal Circuit rejected Google’s arguments that the Java “packages” at issue were unprotectable under copyright law. The court remanded the case for further proceedings on Google’s fair use defense. (15 U.S.C. § 107) On remand, the district court held a jury trial on that issue.