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Business Owner Liable For Vicarious Copyright Infringement | IP Frontiers
As a business owner you may occasionally rent your business for private or public events. In the case of a restaurant or bar you may also serve food and beverages […]
The uncertainty of obviousness: Some strategies moving forward | IP Frontiers
When the Supreme Court eliminated the “teaching-suggestion-motivation” test in KSR International Co. v. Teleflex Inc., it also eliminated the certainty regarding what is obvious and what is not obvious. This […]
The duty of disclosure — what it is, how and when to satisfy it | IP Frontiers
Under U.S. law (i.e., 37 CFR § 1.56) each and every individual associated with the filing and prosecution of a patent application has a duty of candor and good faith […]
First-time filer expedited examination pilot program | IP Frontiers
The United States Patent and Trademark Office (“USPTO”) launched the First-Time Filer Expedited Examination Pilot Program (“Program”) on March 9, 2023. The Program is one of several initiatives developed by […]
IP Frontiers: Knowing your entity status: Reduced fees carry increased penalties for honest mistakes
Just before the New Year, President Biden signed into law the Unleashing American Innovators Act of 2022 (the “Act”), with the goal of addressing disparities in the U.S. patent system […]
IP Frontiers: Supreme Court to determine extraterritorial reach of Lanham Act
Business is becoming an increasingly global venture. With that, American businesses with trademarks in the global marketplace would be adept to enforce their intellectual property rights against infringement around the […]
IP Frontiers: How the exhaustion doctrine applies to licensing agreements
A license is a grant of rights from a licensor (often the patentee) to a licensee to make, use or sell a patented product or method. Often in granting the […]
IP Frontiers: The U.S. Supreme Court finds, and fixes, constitutional defect in Patent Trial and Appeal Board decisions
In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v. Smith & Nephew, case number 19-1458, the Supreme Court recently held that the law empowering […]
IP Frontiers: The Copyright Alternative in Small-Claims Enforcement (CASE) Act
The Consolidated Appropriations Act 2021 (the “Act”), a.k.a. the Coronavirus Relief Bill, was signed into law on Dec. 27, 2020. In addition to COVID-19 relief, the Act includes several provisions […]
IP Frontiers: The Trademark Modernization Act 2021
On Dec. 27, 2020, the Consolidated Appropriations Act 2021 (the “Act”) was signed into law. Despite commonly being thought of as merely a “Coronavirus Relief Bill,” it surprisingly contained much […]
IP Frontiers: Reimagining the future of New York’s courts
This column typically discusses legal topics related to technology, but this month we look at how technology relates to the law, specifically our court system. In the midst of a […]
IP Frontiers: Will Supreme Court intervene with runaway expansion of §101 by federal circuit?
There is some concern in the patent-sphere about the CAFC conflating §101 (patentable subject matter) with §112 (issues with claim wording and/or support of claims in specification) and other considerations. […]
Case Digests
- Second Circuit – Appellate counsel: United States v. Samuels
- Fourth Department – Pre-answer motion to dismiss: Villalba v. City of Auburn, et al.
- Court of Appeals – Office of Children and Family Services: Lawyers for Children, et al. v. NYS Office of Children and Family Services, et a.
- Fourth Department – Assault: People v. Talley
- Court of Appeals – Family Court Act: Abdoch v. Abdoch
- Second Circuit – Medicaid: Bellin v. McDonald
- Fourth Department – Family Court: Sprague v. Younes
- Second Circuit – False Claims Act: United States of America v. Amazon.com Inc.
- Fourth Department – Notice of claim: Jarrod W.S. v. Jordan-Elbridge CSD, et al.
- Western District Case Notes
- Second Circuit – Distribution of a controlled substance: United States v. Parasmo
Law News
- Convictions reversed over illegal NY State Police search
- NY judge rejects motion to collect on Iowa court judgment
- Bronx prosecutor misses filing deadline by 12 seconds
- Second-degree murder count reversed, leaving first-degree conviction
- Court of Appeals ends foster care program
- Experts highlight tax and regulatory changes
- NY appeals court reinstates robbery indictment
- Court of Appeals affirms convictions despite tainted transcript
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