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Documents on Intellectual Property, Computer Software, Telecommunications
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|Software Inventions—Keeping it Eligible|
John V. Biernacki, David B. Cochran, Douglas H. Pearson; Jones Day;
July 15, 2014, previously published on July 2014Takeaways and Practical Considerations from the PTO's Preliminary Examination Instructions on Patent-Eligible Subject Matter in view of Alice Corporation Pty. Ltd. v. CLS Bank International, et al.
|The Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?|
Janina Gorbach; Foley & Lardner LLP;
July 14, 2014, previously published on July 8, 2014With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly tailored the Aereo decision to services that closely resemble...
|What Do You Mean? Nautilus Ruling Holds That a Patent Claim Must Convey with Reasonable Certainty the Scope of the Invention|
Ann G. Fort, Jeremy D. Spier; Sutherland Asbill & Brennan LLP;
June 6, 2014, previously published on June 3, 2014On June 2, a unanimous U.S. Supreme Court held in Nautilus Inc. v. Biosig Instruments Inc. that a patent claim may be found indefinite if it fails to convey the scope of the invention “with reasonable certainty” to a person skilled in the art. No. 13-369, 2014 WL 2440536 (U.S. June 2,...
|UPDATE: The Hare Loses Steam - Patent Litigation Reform Law Unlikely This Year|
Ann G. Fort; Sutherland Asbill & Brennan LLP;
May 27, 2014, previously published on May 23, 2014Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling that work until the interested parties reach a bipartisan compromise....
|ALJ Pender Denies Motion To Terminate Investigation Based On Lack Of Standing And Domestic Industry In Certain Wireless Devices, Including Mobile Phones And Tablets II (337-TA-905)|
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
May 23, 2014, previously published on May 20, 2014On May 15, 2014, ALJ Thomas B. Pender issued Order No. 12 (dated May 1, 2014) in Certain Wireless Devices, Including Mobile Phones and Tablets II (Inv. No. 337-TA-905).
|Federal Circuit Rules No Per Se Prohibition Against Injunctions for FRAND - Encumbered Standard Essential Patents|
Cadwalader Wickersham Taft LLP;
May 2, 2014, previously published on April 30, 2014On April 25, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the appeal from Judge Posner’s ruling that denied both Motorola and Apple damages and injunctive relief in Apple Inc. v. Motorola, Inc. This decision not only revived Apple and...
|FCC Evaluating Proposals for IP Transition Trials|
Lawrence R. Freedman, Arthur H. Harding, Ari Z. Moskowitz; Edwards Wildman Palmer LLP;
May 2, 2014, previously published on April 29, 2014Since inviting proposals for IP transition trials at its January meeting, the FCC has thus far received two proposals - one from AT&T involving two locations and one from Iowa Network Services involving transitioning Centralized Equal Access ("CEA") service from TDM to IP.
|Hong Kong Court Calls for Proactive Measures Against Shadow Companies|
Gabriela Kennedy, Eugene I. Low; Mayer Brown JSM;
April 30, 2014, previously published on April 29, 2014On 18 April, China’s Ministry of Commerce (MOFCOM) introduced a trial framework for the notification of simple concentrations or mergers. The Guidelines on the Notification of Simple Cases of Concentrations of Undertakings (Simplified Notification Guidelines) establish a procedural structure...
|Supreme Court Hears Arguments in Aereo Copyright Infringement Case|
Seth A. Davidson, Arthur H. Harding; Edwards Wildman Palmer LLP;
April 28, 2014, previously published on April 24, 2014On Tuesday, April 22, 2014, the United States Supreme Court heard oral arguments in the broadcast industry’s copyright infringement case against Aereo, the Internet-based “antenna/DVR” service. Both the Southern District of New York and the Second Circuit had concluded, in...
|Microsoft-Nokia: China’s MOFCOM Quietly Slips Into the Debate about Injunctive Relief for FRAND-encumbered SEPs|
Sheppard Mullin Richter Hampton LLP;
April 25, 2014, previously published on April 23, 2014This past November and December, the US Federal Trade Commission (“FTC”) and European Commission (“EC”) cleared Microsoft Corporation’s (“Microsoft”) acquisition of the bulk of the devices and services business of Nokia Corporation of Finland...