In a dissent from the court opinion filed in CLS Bank v. Alice Corp, Federal Circuit Judges Linn and O’Malley unceremoniously burst the bubble of several Amici who urged the court to use this case to undermine software patents. In the process, the authors school their colleagues on the dangers of two judicial sirens: extra-record fact finding and legislating from the bench.
Another day, another case brief of an opinion filed in CLS Bank v. Alice Corp. Today’s fare is the concurrence-in-part and dissent-in-part authored by Federal Circuit Judge Newman, who takes the “Memory Lane” award for citing precedent from 1958, … and 1939, … and 1813. Did you know that “patent” is derived from the latin […]
Did KTLA Infringe on Kurt Knutsson’s Cyberguy Identity?
Kurt Knutsson, better known as Kurt the Cyberguy to long time followers of KTLA Tribune television, filed a lawsuit against KTLA for breach of contract, age discrimination, and misuse of name and likeness. Kurt Knutsson established himself as the technology expert, reporting on the latest innovations and gadgets for KTLA in exchange for exposure and payment. His “Kurt the Cyberguy” reports were syndicated to more than 20 stations…..
The Do’s and Don’ts of Internet Copyright
If an article online is copyrighted can I use part of their work? What are the rules? Bloggers as a rule of thumb research for interesting topics by surfing the web. Information is gathered and quotes borrowed, by what if there is a copyright notice displayed at the bottom of the page? To many newcomer bloggers this copyright notice is the equivalent of a “do not trespass sign” and in many ways it is….
Nothing conjures memories of law school like writing a case brief (with the possible exception of an emergency root canal). Nonetheless, the judicial bar fight that is the Federal Circuit en banc decision in CLS Bank v. Alice Corp inspires me to dust off my case briefing skills, starting with Judge Lourie’s plurality concurrence as joined by Judges Dyk, […]
Brace yourselves for a months-long uptick in the ever-smoldering debate over software and business method patents. This time, the fuel to the fire is the Federal Circuit en banc decision issued on May 10, 2013 in CLS Bank v. Alice Corp. Much will be written in the coming days about the areas of disagreement between the various Federal […]
Each state has its own unique set of marital property laws in place to govern divorce settlements. A state will either follow separate property or community property laws. In separate property states such as Florida, property acquired during the marriage by one spouse remains that spouse’s property upon divorce, whereas in community property states all […]
By: Mark R. Malek This concludes the series of articles that I have been writing on entity status in the United States Patent Office. The first article introduced the new micro-entity status. The next article gave some background information on what would happen if you claimed the wrong entity status before the USPTO, and the latest […]
