ARE Patent Law Alert:
Federal Circuit Splits on Section 101 Analysis and Finds Computer Implemented Claims to be Patent-Ineligible

On May 10, 2013, the U.S. Court of Appeals for the Federal Circuit released its highly anticipated decision in CLS Bank International v. Alice Corp. Pty. Ltd., No. 2011-1301 (“CLS III”), concerning the patent eligibility of computer implemented claims under 35 U.S.C. § 101.  Although the court, considering the case en banc, did agree that […]

ARE Trademark Law Alert:U.S. Supreme Court Finds Covenant Not to Sue On Current Products and “Colorable Imitations” Moots Trademark Infringement Case

On January 9, 2013, in Already, LLC v. Nike, Inc., No. 11-982, 2013 U.S. LEXIS 602 (U.S. Jan. 9, 2013) the U.S. Supreme Court unanimously decided that Nike, Inc.’s (“Nike”) covenant not to sue its competitor Already, LLC (“Already”), for existing footwear designs or any designs that constituted a “colorable imitation,” rendered the pending trademark […]