Category Archives: Copyright Law

USPTO Discards Broadest Reasonable Interpretation Standard

The USPTO has discarded the broadest reasonable interpretation standard.  This may lead to fewer patents held to be invalid during IPR, PGR, and CBM proceedings.  The announcement states:  The United States Patent and Trademark Office (USPTO) has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM) proceedings before the Patent Trial and Appeal Board (PTAB).  The final rule replaces the “broadest reasonable interpretation” standard with the federal court claim construction standard that is used to construe a claim in a civil action under 35 U.S.C. § 282(b). This is the same claim construction standard articulated in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), and its progeny. Additionally, under the final rule, when construing a claim term in an IPR, PGR, or CBM, the PTAB….. To continue reading this legal news please click Read full information...

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Ukraine: updated Statutory Damages for Copyright Infringement

Ilarion TomarovSince July 22, 2018, a new mechanism for calculation of the amount of statutory damages has become effective in Ukraine. From now on a court should determine damages based on the license fee the infringer would have paid to obtain the rightsholder’s permission. The old method for calculating statutory damages, namely “choosing” from the range of 18,410 hryvnias (approximately EUR 560) to 92,050,000 hryvnias (approximately EUR 2,785,180), was the most popular of the available remedies for two reasons: (1) the claimant didn’t have to prove the amount of damages suffered; and (2) the defendant had to overcome the presumption of guilt for the damage done. The law contained no criteria for the application of statutory damages i.e. defining a sum which would correspond fairly to the scope of infringement, and the minimal effort required for the complainant to recover the minimum amount of statutory damages led to the situation where complainants….. To continue reading this legal news please click Read full information...

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Computer and Internet Updates for 2018-09-28

Computer and Internet Updates for 2018-09-27 https://t.co/Y1zJgegNp8 2018-09-28 Computer and Internet Updates for 2018-09-27 https://t.co/FgTd78osZV 2018-09-28 Nintendo wins lawsuit against company running unofficial real-life Mario Karting events https://t.co/w7PSV9jDaR 2018-09-28 Why US creators urgently need Congress to support the CASE Act https://t.co/p9rHWRoLJO 2018-09-28 Book Review: Anti-social media: How Facebook Disconnects Us and Undermines Democracy https://t.co/TY70D5zjV5 2018-09-28 “The Internet: to regulate or not to regulate?”, An overview of the evidence https://t.co/VkDwzzkV2V 2018-09-28 Bank outsourcing guidelines 'are risk to competition and innovation' https://t.co/ABvzpu7819 2018-09-28 Judge endorses world-wide freezing order against 'persons unknown' https://t.co/2eInF6PtA1 2018-09-28 EU Geo-blocking regulation – Questions and Answers | Digital Single Market https://t.co/Vsl4RtiRgS 2018-09-28 The Necessity of….. To continue reading this legal news please click Read full information...

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AIPPI Congress Report 3: Hot topics in IP

The final morning of the AIPPI Congress in Cancun was hot, the Caribbean air having whipped up a thick humidity that turned the AmeriKat's mane into lion proportions.  So it was fitting that there a panel session dedicated to Hot Topics in IP.  Dr Catherine Bonner (Chapman IP) was on hand to summarize what the next big things in IP will be.  No surprise that one of them included Brexit.  Over to Catherine for her report:The AmeriKat's view over the Caribbean waters"At the AIPPI Congress in Cancun the weather is hot, at 30°C and 71% humidity, and the IP Panel Sessions are the same. Wednesday morning’s Briefing; ‘Hot topics in IP’ excellently chaired by Eryck Castillo gave a summary of six burning issues in the World of IP. 1.  First up to the plate, with the "Implications of Brexit for IP" was Mr Justice Henry Carr (UK High Court)   A tough topic and, as Carr J himself acknowledged, one….. To continue reading this legal news please click Read full information...

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Strike 3 Holdings LLC: Updates from New York

This is a blog dedicated to updates on copyright infringement cases. We’ve represented nearly 2,000 clients across the US and are America’s most experienced BT copyright defense firm; we can represent you in your case against Strike 3 Holdings. For more information about handling your subpoena visit our main website’s Strike 3 Holdings page. Strike 3 Holdings LCC  allowed […] The post Strike 3 Holdings LLC: Updates from New York appeared first on Torrent Defenders... To continue reading this legal news please click Read full information...

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