Will the New USPTO Administrative Proceedings Solve the Software Patent Problem?

Amidst current discussions on the “problem” posed by software patents, David Kappos, Director of the United States Patent and … Continue Reading

Statutory Damage Awards in High Profile Song-Sharing Cases

The individual defendants in two high profile peer to peer song sharing cases, Capitol v. Thomas-Rasset and Sony v. … Continue Reading

John Wiley and Sons v. Kirtsaeng: Textbooks, Copyright, and Universal Exhaustion

On the eve of the arrival of Superstorm Sandy, the Supreme Court of the United States heard oral … Continue Reading

The Long Road to a Supranational Patent System in the European Union

On June 29, 2012, Mr. Herman Van Rompuy, the President of the European Council, announced that twenty-five of … Continue Reading

The Curious Case of Design Patents

Design patents have not received much press until recently. However, the smartphone industry and fashion houses are increasingly … Continue Reading

The Uncertain Future of Divided Patent Infringement

The law of patent infringement is governed by 35 U.S.C. § 271. In particular, § 271(a) describes what constitutes infringement: … Continue Reading