We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
USA - October 31 2012
In an appeal of a preliminary injunction against ivi, Inc., the U.S. Court of Appeals for the Second Circuit found that internet streaming services are not entitled to compulsory licenses under 17 U.S.C. § 111 of the Copyright Act for broadcast TV retransmissions.
USA - August 30 2012
Addressing sanctions awards against plaintiff and its counsel, the Federal Circuit found that plaintiff’s counsel personally violated discovery orders and that sanctions were appropriate.
USA - July 31 2012
Clarifying the standards and burdens associated with an obviousness analysis, the U.S. Court of Appeals for the Federal Circuit found that the presumption of validity and burden of proving obviousness do not change regardless of the facts of a particular case.
USA - May 30 2012
The U.S. Court of Appeals for the Federal Circuit recently held that filing a Paragraph IV certification for an Orange Book listed method-of-use patent was not an act of infringement when an NDA holder’s FDA-approved labeling did not include an indication for every use limitation in the asserted Orange Book patent.
USA - March 30 2012
In a matter of first impression, the U.S. District Court for the District of Columbia recently held that the American Inventors Protection Act of 1999 (the Act) requires patent owners to appeal reexamination decisions of the Board of Patent Appeals and Interferences (Board) directly to the Federal Circuit.
