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Privacy Shield Invalidated by ECJ
On Thursday , July 16, the European Court of Justice (ECJ) ruled that the EU-US Privacy Shield is invalid. The ruling stems from the complaints filed with the Irish supervisory authority by Max Schrems regarding the transfer of his data...
Partes On! Survival of Inter Partes Review May Signal an SOS for Parties Entering the Uncharted Waters of Inter Partes Review in the Post-SAS World
The Supreme Court issued decisions in the cases of Oil States v. Greene’s Energy and SAS v. Iancu , addressing the constitutionality of inter partes review (“IPR”) and determining whether the Patent Trial and Appeal Board (“PTAB”) must decide the...
Federal Circuit goes Enfish-ing for Software Patent Eligibility
In Enfish, LLC v. Microsoft Corp . , decided on May 12, 2016, the Federal Circuit ( “the Enfish court” or “the Court”) has provided much-needed clarification to the Alice test for patent-eligible subject matter under 35 U.S.C. § 101...
Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More
On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member...
Supreme Court's Dual Standard of Review for Claim Construction Creates a Potential Grab Bag For Patent Litigants
The United States Supreme Court clarified yet another important standard in patent law by mandating that the Federal Circuit apply clear error review when reviewing subsidiary factfindings in patent claim construction. Teva Pharms. USA Inc., v. Sandoz, Inc. , 574...
Supreme Court Effectively Shuts Down Aereo's Television Streaming Service
The Supreme Court of the United States announced an important copyright decision Wednesday in American Broadcasting Cos. v. Aereo, Inc. (573 U.S. ____ (2014)). The 6-3 decision by Justice Breyer reversing the United States Court of Appeals for the Second...
Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas
To listen to the podcast, please click here . On June 19, 2014, in Alice Corp. v. CLS Bank International , the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue — directed to the...
What do "Abacus Guy," Mom, and Computers That Say "Stop!" Have in Common? They May be Unpatentable Abstract Ideas.
To listen to the podcast, please click here . Nine Justices of the Supreme Court and three oral advocates held over 100 spectators at bay for just over an hour as they debated—of all things—patents. Today’s case, Alice Corp. vs...
Only You Can Prevent Forum Shopping
Recently, the Supreme Court unanimously held that the best time for forum shopping is before a dispute. The Supreme Court frowns on parties seeking to shop for a forum once a dispute develops but recognizes parties' right to agree to...
Copyright Owners: Keep Your Eye on the Road
Copyright owners need to stay alert! If you have an infringement, ownership interest, or other claim to assert in a copyrighted work and fail to do so within the three year statute of limitations you risk being barred from asserting...
Fantastic .Voyage: The Launch of First 9 New gTLDs
The first nine new generic top-level domain name spaces (gTLDs) in English 1 are expected to go live on or around October 29, 2013. These first nine domain spaces to join existing gTLDs like .com and .net are: .camera, .clothing...
Key Trademark Rights Protection Mechanism for New Top-Level Domains Opens March 26, 2013
The first of hundreds of new generic top-level domain name (gTLD) registries 1 are expected to launch in the summer of 2013. The Internet Corporation for Assigned Names and Numbers (ICANN), the NGO that regulates the domain name space, published...
A Red-Leather Day: Giving Single Color Trademarks in the Fashion Industry a Little Sole
On Wednesday, September 5 th , 2012 the U.S. Court of Appeals for the Second Circuit delivered its much anticipated decision in the case of Christian Louboutin et al. v. Yves Saint Laurent America, Inc., No.11-3303 , holding that Louboutin...
How to Feel About the "Big Reveal": Roundup on the Land Rush for New gTLD Applications
The curtain has been drawn back and the applicants and applied-for strings of new gTLDs have taken center stage this week. Ultimately, the "Big Reveal" exposed what many had long speculated, namely, a fair number of large brand name businesses...
What's the Deal with the "Big Reveal"? Getting Exposed to the List of New gTLD Applicants and Applications
The Internet Corporation for Assigned Names and Numbers (ICANN) has identified June 13, 2012 as the target date for publication of the full list of applied-for new generic top-level domain names (gTLDs), as well as pertinent information regarding Applicant names...