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ARE Patent Law Alert: Federal Circuit Reverses District Court On Patent Eligibility, Finds Computer-Implemented Patent Claims To Be Eligible Under Step One Of The Alice Test

In McRo, Inc. v. Bandai Namco Games America, the Federal Circuit reversed the district court’s finding that the patents at issue were ineligible under Section 101.  In evaluating the claims, which are generally related to a method for automating animation of 3-D lip-synching, under the two-part Alice inquiry, the Court found that the claims were […]

US Supreme Court holds that supply of a single component of a multicomponent invention for manufacture abroad is not patent infringement under 35 USC § 271(f)(1)

Life Technologies Corp. v Promega Corp., No. 14-1538, 2017 US LEXIS 1428, 580 US (2017), US Supreme Court, 22 February 2017 Legal context The issue before the Supreme Court in Life Technologies Corp. vPromega Corp. was ‘whether the supply of a single component of a multicomponent invention is an infringing act under 35 U.S.C. §271(f)(1)’ (ibid, at 4) […]

ARE Copyright Law Alert: Supreme Court Remands Denial of Attorney’s Fees Under § 505 of the Copyright Act After Clarifying Standard

On June 16, 2016, the Supreme Court delivered an opinion in Kirtsaeng v. John Wiley & Sons, Inc., No. 15–375 (U.S. June 16, 2016), addressing the appropriate standard for the attorney fee shifting provision of the Copyright Act, 17 U.S.C. § 505.  Writing for a unanimous court, Justice Kagan agreed with the “objective reasonableness” standard employed […]

IPWATCHDOG: NYIPLA Urges SCOTUS to Clarify Constitutionality of PTAB Proceedings in MCM Portfolio LLC v. Hewlett-Packard Co.

IPWatchdogOn Tuesday, May 31, 2016, the New York Intellectual Property Law Association (“NYIPLA”) filed an amicus brief arguing that the Petition for a Writ of Certiorari should be granted in MCM Portfolio LLC v. Hewlett-Packard Co., No. 15-1330. This case, together with its companion case Cooper v. Lee, No. 15-955, raises important questions regarding the constitutionality under Article III […]

Variety and Law360 Report on Patent Partner Charles R. Macedo and Senior Counsel Benjamin Halpern Obtained for Kevin Spacey and Dana Brunetti:

Variety and Law360 Report on Patent Partner Charles R. Macedo and Senior Counsel Benjamin Halpern Obtained for Kevin Spacey and Dana Brunetti: http://variety.com/2016/film/news/kevin-spacey-dana-brunetti-awarded-patent-1201775335/ http://www.law360.com/articles/796730/and-the-us-patent-goes-to-kevin-spacey U.S. Patent No. 9,306,887, "Systems and Methods for Implementing Email Delivery", Issued April 5, 2016  

ARE Trade Secret Law Alert: Defend Trade Secrets Act of 2016

 On Wednesday, May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA amends Chapter 90 of Title 18 of the U.S. Code, the Economic Espionage Act of 1996, to allow a private federal civil action by individuals whose trade secrets have been misappropriated. Prior to enactment, injunctive […]

Broadband iTV Files Amicus Brief Supporting Versata Petition for Certiorari

On April 14, 2016, amici Broadband iTV, Inc. (“BBiTV”) filed an brief in support of Versata’s petition for a writ of certiorari in Versata Dev. Grp., Inc. v. SAP Am., Inc., No. 15-1124. BBiTV is a former practicing entity and patent holder in the field of delivering video-on-demand content via cable television communication services. BBiTV […]

Time to Correct Section 101 Patent-Eligibility Law in the US

The current state of the law on patent-eligibility under 35 U.S.C. § 101 reflects confusion among US courts that is causing harm to patent owners, inventors, and the marketplace. This confusion has persisted throughout the development of the patent-eligibility jurisprudence since the US Supreme Court’s decision in Bilski v. Kappos, 561 U.S. 593 (2010) and, more […]