AIPLA Provides Legislative Proposal on Patent Eligible Subject Matter

The AIPLA has provided a new Legislative Proposal and Report on Patent Eligible Subject Matter under 35 U.S.C. § 101. This report urges congressional action to overhaul, and indeed expressly overrule the current judicially created framework under section 101 in…

Read More

Review of Recent IP Supreme Court Cases

The Supreme Court recently decided three different cases related to intellectual property issues. The Court reviewed the process of instituting an inter partes review (IPR) in In re Cuozzo Speed Techs., finding that a decision of whether to institute an…

Read More

Supreme Court Rules Streaming Broadcast Television via a Pay Service over the Internet Without Paying Licensing Fees Illegal

On Wednesday, June 25, the Supreme Court ruled that Aereo violated copyright laws by publicly performing copyrighted works. Aereo is a startup whose business model revolves around recording broadcast television programming and storing the programming on their servers. The programming…

Read More

Regarding “Patent Trolling”, Plaintiff Ordered to Pay Attorney’s Fees after First Application of New Standard for Awarding Attorney’s Fees in Patent Cases

In the case of Lumen View Tech. LLC v. Findthebest.com, Inc. , the Southern District of New York has become the first court to hand down an opinion and order following the Supreme Court decision of Octane Fitness, LLC v.…

Read More

Supreme Court Modifies Standard for Awarding Attorney’s Fees in Patent Cases

Two recently decided Supreme Court cases have made it easier for a party to be granted attorney’s fees after winning a case. According to 35 U.S.C. §285, a court may award attorney’s fees to a winning party in “exceptional” cases.…

Read More