“Obamatrade”—The DMCA, the Trans-Pacific Partnership, and the Impact Here in America

Since 1998, digital works in the U.S. have been protected by law under the Digital Millennium Copyright Act (“DMCA”), a broad policy which aims to prohibit the unlawful dissemination of copyrighted material over the internet.  Despite its purported benefits, it has frustrated both content owners and users alike.  Owners, who claim that the law fails… Read More “Obamatrade”—The DMCA, the Trans-Pacific Partnership, and the Impact Here in America

How an “Exceptional” Case Will Cost You: The Impact of Octane on Patent Litigation

By: Daniel Larson   In the past few years, patent reform has become a major issue of debate in the House and Senate, most specifically, over the use of a fee-shifting provision.  Fee-shifting is the legal mechanism that forces the losing party of a patent case to pay the winning party’s attorney fees.  The attorney fees… Read More How an “Exceptional” Case Will Cost You: The Impact of Octane on Patent Litigation

dWARFing the Competition

By: Rashi Mangalick Technology (“tech”) companies have taken over public recognition in the realm of innovation and new ideas. This follows logically, given that their sole purpose is to research and innovate new ways to learn and communicate. Even so, other players have entered the new tech game. Research universities have given us a lot… Read More dWARFing the Competition

The Capacity of ‘HoloLens’ to Create a ‘HoloTrial’

Written By: Cherie Ching   The possibility of using Microsoft’s HoloLens to enhance a courtroom presentation could lead to faster transferability of exhibition files, more efficient trial procedures, and engaging jury experiences if it is able to survive the Rules of Evidence test.  Like any piece of evidence admitted to a trial, HoloLens must establish… Read More The Capacity of ‘HoloLens’ to Create a ‘HoloTrial’

Gene Patents in Canada

By: Andrew Glenny Medical professionals are occasionally confronted with barriers to ideal treatment for patients caused by patents.  These cases are usually caused by inability to use certain prescriptions or methods due to a patent that claims them.  This problem is usually alleviated with the licensing of that product to be distributed in hospitals.  One… Read More Gene Patents in Canada

Grandma Could Afford Her Arthritis Medication…If She Lived In Europe

POSTED BY Sardiaa Leney Since the passage of the Hatch-Waxman provisions 30 years ago, a fairly orderly market in generic small molecule drugs has developed, reducing the cost of some of the commonest medicines to a fraction of their pre-competition price points.  Biologics medicines are another matter.   Biologics are drugs comprising molecules so complex that… Read More Grandma Could Afford Her Arthritis Medication…If She Lived In Europe

The Potential Unintended Consequences of Fee Shifting after the Supreme Court Decisions in Octane Fitness and Highmark

POSTED BY Andrew Beckerman-Rodau | Professor of Law & Co-Director of the Suffolk University Law School IP Concentration, e-mail: arodau@suffolk.edu), website: www.lawprofessor.org Yesterday (April 29, 2014) the U.S. Supreme Court handed down two unanimous decisions in the Octane Fitness case and the Highmark case. Both cases addressed the standard for awarding attorney fees in patent… Read More The Potential Unintended Consequences of Fee Shifting after the Supreme Court Decisions in Octane Fitness and Highmark

Healthcare Software Companies Subject to Patent Suits but Relatively Safe from Trolls

POSTED BY Rebecca M. Ferrante In light of the controversy surrounding the less than elegant release of the federal government’s healthcare website in October 2013, there is much current discussion on the topics of both healthcare and technology.  Where these topics intersect resides a host of issues concerning software durability, patient privacy, and big data. … Read More Healthcare Software Companies Subject to Patent Suits but Relatively Safe from Trolls

3D Printing: A New Challenge To Intellectual Property Law

POSTED BY Nicholas Hasenfus 3D printers can be used to created objects out of materials such as metal, plastic, and nylon.  With a 3D scanner or 3D blueprints and a 3D printer, homeowners are able to create common household objects.  3D printers work differently than traditional machining techniques because printing is achieved using an additive… Read More 3D Printing: A New Challenge To Intellectual Property Law

What to Expect with “Minority Report” Technology

POSTED BY Bridget Sarpu Industrial Technology Research Institute (ITRI) is a nonprofit research and development organization located in Taiwan engaged in applied research and technical services.  Globally, ITRI has 23 international collaborations with major companies like IBM, Nokia, Microsoft, and Motorola.  ITRI has played a vital role in transforming Taiwan’s economy from a labor-intensive industry… Read More What to Expect with “Minority Report” Technology

What’s Left for Nokia? Patents, Patents, Patents!

POSTED BY Bridget Sarpu Earlier this month Microsoft and Nokia struck a deal unlike any other.  Microsoft will obtain Nokia’s devices and services unit and license the company’s mapping services in a deal worth $7.2 billion.  Specifically, the two-part transaction included Microsoft spending $5 billion on Nokia’s mobile phones unit, in hopes to compete with… Read More What’s Left for Nokia? Patents, Patents, Patents!

Could this be the Downfall of “Patent Trolls”?

Posted by Kevin Tan at 11:55 AM Over the past several years, Patent Trolls have been targeting small businesses with the hope of scaring these small businesses with threats of costly litigation by alleging that these businesses have infringed their patents. By avoiding litigation, these businesses could settle by paying a fee. According to Professor… Read More Could this be the Downfall of “Patent Trolls”?

What Does a First-To-File System Mean and What Will This Change to the Patent Process Mean for Inventors and Companies?

Posted by Megan McGovern at 12:46 PM The America Invents Act (AIA) is the latest reform in U.S. patent law signed into effect on September 16, 2011. With a set of rolling changes, on of the main modifications takes place on March 16, 2013, which will transition the patent system from a “first-to-invent” system to… Read More What Does a First-To-File System Mean and What Will This Change to the Patent Process Mean for Inventors and Companies?