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Grand Theft, but Not of Identities: NY Court Dismisses Claims by Lohan and Gravano

Computer games are serious business. Top games can easily outsell Hollywood blockbusters, and the design and artwork involved can be as intricate as top-notch CGI. However, here the similarities end – and according to the New York Court of Appeals, this certainly applies to former “Mob Wives” star Karen Gravano...

Musical Domino theory fails to make a copyright impact in Loomis v. Cornish

Disputes over musical copyright have taken up quite a lot of time in the Ninth Circuit of the US Federal Courts lately. In their most recent decision, the judges upheld a district court ruling, which found that English singer-songwriter Jessie J had not infringed the copyright of plaintiff Will Loomis of his song...

The Absence of an Estoppel, Doesn’t stop Canadian Patent Applicants

When it comes to the construction of patent claims, Canada rejects the need for a fil wrapper “estoppel” –  the electronic file records containing all the documents relevant to a particular patent applications – because they are publicly available anyway. With his finding in Pollard Banknote Limited v...

Can we patent nature? US Supreme Court Set to Decide Eligibility in Genetic Tech v. Merial

Can nature be patented?  The US Supreme Court is set to address three patent eligibility cases in the coming months that may provide an answer. Jericho Systems Corporation v. Axiomatics, Inc. concerns the eligibility of U.S. Patent No. 8,560,836 under Section 101 of the Copyright Act while Essociate, Inc. v....

Fair Use in the Third Dimension: Analyzing Section 52 of India’s Copyright Act

Adding an additional dimension to a patented object comes with new legal ramifications in India. Section 52(w) of India’s Copyright Act has recently attracted attention following an order by Calcutta’s High Court in Hi Tech Chemicals Private Limited & Anr. v. Allied Metallurgical Products Private Limited...

The Problem with Patent Eligibility: District Court and PTAB Split over Intellectual Ventures Patent

The Patent Trial and Appeal Board (PTAB) and the Eastern District Court of Texas just issued conflicting decisions over the same patent, highlighting the problems of the Alice framework when it comes to distinguishing patent-eligible from non-patent eligible subject matter under 35 U.S.C. §...

Court calls Patent Trial & Appeal Board “Arbitrary and Capricious”

The US Patent Trial & Appeal Board (PTAB) acted “arbitrarily and capriciously” when it denied the patentee’s motion to amend its challenged claims. The dressing down was issued by the Federal Circuit as part of a limited rejection of an Inter Partes Review amendment procedure in Veritas Tech v. Veeam...

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