By: Wayne F. Reinke The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) included a direction from Congress to create the Copyright Claims Board (the “CCB”), a three-member panel giving an option to resolve copyright disputes involving less than $30,000. The CCB is intended to be less complex than Federal Court and…
By: Wayne F. Reinke In Yangin Yu, Zhongxuan Zhang v. Apple Inc. (Fed. Cir. June 11, 2021), hereinafter “Yu v. Apple,” the Federal Circuit majority proves there is a serious problem with its § 101 jurisprudence, which has expanded to the point of swallowing at least § 112 and, to an extent, § 102 and § 103. In this…
ALBANY AND ROCHESTER, NY—Heslin Rothenberg Farley & Mesiti P.C., an intellectual property law firm with offices in Albany and Rochester, New York, is very pleased to announce partners Nicholas Mesiti, David P. Miranda, Victor Cardona and Alana M. Fuierer are named as “Upstate New York 2021 Super Lawyers” by the publishers of Thomson Reuters. Partners…
By: Stephen P. Scuderi 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 licensee the right to “sell”, the patentee may seek to put restrictions or conditions on third parties who legitimately purchase such…
By: Kristian E. Ziegler 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 Administrative Patent Judges of the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark…
By: Rachel L. Pearlman Those patent attorneys and agents who practice in the worlds of biological sciences and computer arts have been working through the ether that is 35 U.S.C. §101 for quite some time. Based on the recent decision of the Federal Circuit in Yu v. Apple, it looks like we may have some…
By: Christina E. Brule and Teige P. Sheehan On May 5, the Biden administration signaled the United States’ support for a proposed waiver of certain World Trade Organization (WTO) rules that require member countries to enforce intellectual property (IP) rights, particularly those related to confronting the COVID-19 pandemic. This article sets out an explanation of…
Rochester and Albany, NY: Heslin Rothenberg Farley & Mesiti, an intellectual property firm with offices across New York, is proud to announce that partner Alana M. Fuierer has been named to the Rochester Business Journal (RBJ) and The Daily Record “Power Lists for Law.” Ms. Fuierer was selected by the editorial staff of the RBJ…
By: Thomas L. Sica On April 5, 2021, the Supreme Court released its decision in the case of Google LLC v. Oracle Am., Inc., 593 U.S. ___, No. 18-956 (U.S. 2021), ending an 11-year legal battle between the two companies over Google, LLC’s (“Google”) copying of certain aspects of Oracle America, Inc.’s (“Oracle”) Java programming…
By: Christina E. Brule The Consolidated Appropriations Act 2021 (the “Act”), a.k.a. the Coronavirus Relief Bill, was signed into law on December 27th, 2020. In addition to COVID-19 relief, the Act includes several provisions that will significantly influence intellectual property law. This article will focus on provisions of the Act that affect copyright law, namely…