IP LEGAL NEWS AND UPDATES
Federal Circuit: Speak Now or Forever Hold Your Appeal
On April 19, a divided panel of the Federal Circuit reversed a lower court's judgment of invalidity because the defendant had not cross-appealed invalidity in a prior appeal involving the defendant's winning judgment of non-infringement. See Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc., Appeal No. 2012-1247 (Fed. Cir. 2012).
The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It?
The Federal Circuit recently issued an opinion affecting the range of permissible claim changes in design patents in a case turning on whether specific aspects of the drawings in the design application at issue were supported by an earlier-filed application. In re Owens, Appeal No. 2012-1261 (Fed. Cir. Mar. 26, 2013).
DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube
and
Martin L. Saad
On April 18, the U.S. District Court for the Southern District of
New York again held that YouTube is subject to the safe harbor
provisions of the Digital Millennium Copyright Act as an internet
service provider despite alleged general knowledge of extensive
copyright infringement.
Supreme Debate: Are Human Genes
Patentable?
Therese M. Finan
On April 15, tackling an issue of significant importance to the
biotechnology and health care industries, the U.S. Supreme Court
heard oral arguments over whether human genes are patentable and
more specifically, whether isolated DNA is patentable.
Smartphones Spotlight Design Patents
Jeff Knowles and
Steve Schwarz published "Smartphones Spotlight Design
Patents" in the April 2013 edition of
electronicRetailer.
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