Anthony S. Volpe and Joseph Boos
A concept as simple as a copyright that attaches upon the creation of the work can be subject to complexities that cause courts and lawyers to struggle with who owns the rights and what is needed to transfer those rights. Those struggles with ownership are the result of complex ownership rights in the Copyright Statute, U.S. Code, Title 17. This article focuses on one case and will not attempt to unwind the entire ownership issue under the various iterations of the statute.
The U.S. Patent and Trademark Office dealt a blow this week to the Chicago Board Options Exchange, invalidating three patents that the CBOE had asserted in an infringement lawsuit against International Securities Exchange.
Fanning the flames of a patent dispute between patent licensing giant Intellectual Ventures and Capital One, a judge ruled that the bank's lawyers can pursue claims that IV abused its patent portfolio to "hold up" the banking sector.
The big verdict proves once again that Eastern District of Texas jurors do not care if a plaintiff is a "nonpracticing entity"—a company that owns a patent but produces no products—according to lawyers.
Former Mayer Brown JSM partner Alan Chiu, associate Eugene Low and senior consultant Kenny Wong have joined the firm a year after Hogan Lovells partner Gabriela Kennedy defected to lead Mayer Brown's intellectual property practice in Asia.