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Apple v. Samsung – A Smartphone is More than Just a Pretty Face

Written by David Gorski on December 8, 2016

Since their initial release, smartphones have been a hot commodity with intense competition.  One particularly contentious issue has been their appearance.  During early development, Apple, Inc. (“Apple”) obtained several design patents covering the design of the now iconic appearance of the iPhone®, with its rectangular face, rounded edges, and grid of colorful icons on a Read More…

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Back from the Brink – Software Can Be Patent Eligible under 101

Written by David Gorski on September 23, 2016

Since the 2014 U.S. Supreme Court ruling on patent eligibility in Alice v. CLS Bank, patent holders and applicants have seen an almost unchecked string of patent ineligibility holdings in U.S. courts and U.S. Patent and Trademark Office decisions related to software-implemented patents. The Alice decision swept aside many inventions as unpatentable because they relied Read More…


On Sale or Not on Sale, That Is the Patent Question

Written by David Gorski on July 14, 2016

Under U.S. patent law, it is considered improper to market a product and, after realizing the product’s commercial viability, to then receive patent protection under U.S. patent law. A mechanism of U.S. patent law designed to prevent improper commercialization is the “On Sale Bar” found in 35 U.S.C. § 102.  Basically, the On Sale Bar Read More…

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US Supreme Court Adopts New Approach to Fee Awards in Copyright Lit

Written by Richard D. Fladung on June 17, 2016

Resolving disagreements in the lower courts about how to address attorney’s fees in a copyright case, in Kirtsaeng, DBA Bluechristine99 v. John Wiley & Sons, Inc., the United States Supreme Court held that while a district court should give “substantial weight” to the objective reasonableness of a losing party’s position, the district court “must” take Read More…

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New Defend Trade Secrets Act Is Game Changer

Written by David Gorski on May 26, 2016

On May 11, 2016 President Obama signed the Defend Trade Secrets Act into law, effective immediately.  The Defend Trade Secrets Act is the largest expansion of federal protection of intellectual property in over 70 years. Generally, trade secrets laws protect information that is not publicly known or is not readily available, such that the information Read More…