Processes Must Be Tied to Machine or Transformation Matter to be Patent-Eligible in the United States
In re Bilski, 545 F.3d 943, Federal Circuit, 30 October 2008 (en banc). ‘Machine-or-transformation’ is the only governing test for determining the patent eligibility of processes in the United States. Legal context Since State Street Bank & Trust Co. v Signature Financial Group, Inc., 149 F.3d 1368, 1373 (Fed. Cir. 1998) the US patent system […]
Copying Of Open Source Software In Violation Of Artistic Licence Was Not Licensed
Jacobsen v Katzer, No. 2008-1001, US Court of Appeals for the Federal Circuit, 13 August 2008 Conditions contained in an artistic licence for open source software preclude a subsequent user from being licensed if conditions are not followed. Legal context The use of open source software has become widespread in the United States and elsewhere. […]
3D Marks and Industrial Designs – International Protection
Click to download PDF: "3D Marks and Industrial Designs – International Protection" – Trademark World, December 2008/January 2009
Seeking Patent Protection for Business-Related and Computer-Related Inventions After Bilski
CELESQ®-WEST IP Master Series (November 17, 2008). On October 30, 2008, the U.S. Court of Appeals for the Federal Circuit issued its much awaited decision in In re Bilski, No. 2007-1130 (Fed. Cir. Oct. 30, 2008) (en banc). The full court in Bilski faced the issue of what types of processes should be eligible for […]
The “Machine-Or-Transformation Test” For Processes
Law360, New York (October 30, 2008) — The U.S. Court of Appeals for the Federal Circuit today issued its much awaited decision in In re Bilski, No. 2007-1130 (Fed. Cir. Oct. 30, 2008) (en banc). The majority opinion, authored by Chief Judge Michel and joined in by eight of the judges on the Court, seeks […]
Duty on Trademark Owner to Police Its Own Marks
Tiffany (NJ) Inc. v eBay, Inc. No. 04 CIV 4607, US District Court for the Southern District of New York, 14 July 2008 Only after the trade mark owner has performed its duty to police trade mark rights against counterfeiters does the duty then switch to internet service providers to take down counterfeiters. Legal context […]
Transferring Cases Out of Eastern Dist. Of Texas
Law360, New York (October 15, 2008) —Last Friday, Oct. 10, 2008, an en banc panel of the Court of Appeals for the Fifth Circuit took the extraordinary step of issuing a writ of mandamus to the Marshall Division of the U.S. District Court for the Eastern District of Texas, ordering the lower court to transfer […]
Egyptian Goddess v. Swisa: Revising The Test
New York (September 23, 2008) — On Sep. 22, 2008, the Court of Appeals for the Federal Circuit partially turned back the clock and rejected its own two-part test for design patent infringement which has been routinely applied for almost 25 years. The unanimous en banc opinion in Egyptian Goddess v. Swisa, No. 2006-1562, slip […]
Egyptian Goddess v. Swisa: Revising The Test
New York (September 23, 2008) — On Sep. 22, 2008, the Court of Appeals for the Federal Circuit partially turned back the clock and rejected its own two-part test for design patent infringement which has been routinely applied for almost 25 years. The unanimous en banc opinion in Egyptian Goddess v. Swisa, No. 2006-1562, slip […]
eBay: A Tale of Two Defenses
Friday, August 22, 2008 — To paraphrase Charles Dickens: it was the best of defenses; it was the worst of defenses. There was a retailer of luxury items, which many consumers coveted and desired at less than full price, headquartered in France; there was a retailer of luxury items, which many consumers coveted and desired […]