Newsletters

06.22.21

Google’s Copying of APIs Held Transformative and Fair Use

In Google LLC v. Oracle America Inc., the Supreme Court, in a 6–2 decision written by Justice Breyer, held that Google’s copying of Oracle’s Java application programming interface naming convention was a fair use as a matter of law.


06.22.21

Supreme Court Speaks on Student Athlete Compensation in Alston v. NCAA

The Supreme Court unanimously ruled against the National Collegiate Athletic Association in Alston v. NCAA, affirming under antitrust law a lower court injunction against NCAA restrictions on education-related benefits made available by schools to student athletes.


06.08.21

Improving User Experience for Computer Simulation Held Not Patent Eligible

The Federal Circuit held that an invention that improved a user’s experience did not improve computer functionality and therefore was not patent eligible.


05.25.21

Interpretation of Simple Claim Language “Command Function” Doomed Obviousness Challenge

In Comcast Cable Communications, LLC v. Promptu Systems Corp., the Federal Circuit held that the plain meaning of the claim phrase “command function” was limited to functions that command an action to be taken.


04.20.21

Claim Term ‘Target’ Held Indefinite Because Inanimate Object Cannot Set a Goal

In Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc., the Federal Circuit held that the claim language “the AM and PM unit dose forms further target a mean % time” as indefinite because the phrase was incomprehensible.


04.06.21

Words Matter: Main Power Source Held to Encompass Both AC and DC Power Sources

In Network-1 Technologies, Inc. v. Hewlett-Packard Co., the Federal Circuit held the claim term “main power source” was interpreted to include both AC and DC power sources, especially where specification never described that a DC power source was an essential feature of the main power ...


03.23.21

Final Rule to Assign Burden of Persuasion on Motions to Amend in Trial Proceedings

The U.S. Patent and Trademark Office has issued final rules in inter partes review, post-grant review and the transitional program for covered business method patents proceedings (collectively, post-grant trial proceedings) before the Patent Trial and Appeal Board to allocate the burdens of ...


03.09.21

Invention Directed Solely to Printed Matter Held Not Patent Eligible

The U.S. Patent and Trademark Office (Patent Office) has issued final rules revising the procedure for instituting review on all challenged claims to conform with the U.S. Supreme Court decision in SAS Institute Inc. v. Iancu.


02.23.21

Final Rules for Instituting Contested Proceedings and Eliminating Petitioner’s Presumption

The U.S. Patent and Trademark Office (Patent Office) has issued final rules revising the procedure for instituting review on all challenged claims to conform with the U.S. Supreme Court decision in SAS Institute Inc. v. Iancu.


02.09.21

California Law: Former Employer Cannot Require Assignment of Post-Employment Inventions

In Whitewater West Industries, Ltd. v. Alleshouse, the Federal Circuit held, under California state law, an employment agreement that required a surf-simulation designer to assign his patents on any related inventions that did not use the employer’s confidential information after ...