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The Federal Circuit Continues to Uphold Some Software Patents Despite Alice

Owners of software inventions get yet another lift from the Federal Circuit, which says factual issues may thwart early challenges to patent eligibility.

Divided Patent Infringement: The Federal Circuit Doubles Down on a New Standard

The Federal Circuit has lightened the load for patent owners trying to prove that multiple parties share liability for infringement.

For Want of an Immediate Assignment of Patent Interests, Enforcement Rights Were Lost

Make sure each inventor has made an ironclad assignment of her rights, or the ability to enforce the patent will be lost.

The First Circuit Allows a Chapter 11 Debtor to Terminate A Trademark License

Can a trademark licensee continue to enjoy his rights if the licensor goes bankrupt? Federal courts are now split on the issue.

Cox Communications Makes Its Mark as the First Major Cable Provider To Lose its DMCA Immunity from Copyright Infringement

Internet service providers can forfeit their immunity from copyright infringement if they ignore repeated notices of their customers’ wrongdoing.

Risks of Disclaiming Before Institution of an IPR

Think twice before disclaiming patent claims challenged in an IPR in order to protect other patents. Doing so could doom closely related claims in other patents under estoppel principles.

New Local Rule May Speed Up Patent Cases and Attract More Litigation to Massachusetts

Our firm is represented on the committee drafting new rules to streamline patent litigation in the District of Massachusetts. A key goal is to make that court a more appealing venue for patent owners seeking to enforce their rights.

Three New Federal Circuit Decisions Support Software Patents

Recent Federal Circuit decisions dispel the gloom that owners of software inventions felt after the Supreme Court’s decision in Alice (2014). Increasingly, software patents are surviving the requisite eligibility analysis.

The New Tax Bill and Its Effect on Inventors: A Capital Result

Congressional tax legislation directly affects the eligibility of patents for favorable treatment as capital assets.

Litigate Your Trademark Rights With Care, No Matter what Forum You’re In

Take proceedings before the Trademark Trial and Appeal Board seriously. You might be precluded from relitigating in court any issues decided by that tribunal.