What appeared to be settled law on joint infringement in patent cases has shifted dramatically in recent years. A series of Federal Circuit decisions beginning in 2007 has addressed situations when more than one person performs the steps of a patented process. In those situations, joint patent infringement exists only if one person or company controls the entire process, the court has ruled.
Does Congress have the power to “restore” copyright protection to public-domain works? The U.S. Supreme Court will shortly consider the question in Golan v. Holder, the first case since Eldred v. Ashcroft to address the constitutional limits on Congress’ power to expand copyright protection.
To improve the quality of patents in the United States, both houses of Congress have undertaken efforts to reform U.S. patent law, and so far one clear message emerges — companies should challenge poor-quality or potentially threatening patents and applications earlier.
District courts have inconsistently applied the eBay patent standard in trademark and copyright cases.
In order to have standing, they need to show a licensing program that will likely establish a domestic industry; litigation expenses are not enough.
Whether a digital photograph of an existing artwork constitutes a derivative work remains an open question.
Retailers should be aware that IP laws and related regulations as applied to licensing, franchising, sales and marketing are increasingly complex and divergent.
When a system is used, who is responsible for the ‘use’?
The Federal Circuit in Centillion found that “use” requires a party to exercise control over each element of the system.
If certain filings and disclosures are not made and timed properly, potential design rights could be lost.
If one member of a joint defense group requests inter partes re-examination, will nonrequesting members be subject to estoppel?