Jackie Toney

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Subscription to RSS Feed Doesn’t Trigger Implied-License Defense


By on Mar 17, 2021
Posted In Copyrights

The US Court of Appeals for the 11th Circuit affirmed a district court’s grant of judgment as a matter of law against an alleged copyright infringer on its implied-license defense, finding that a blog operator’s publication of entire articles through a really simple syndication (RSS) feed does not give rise to an implied license without...

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Patent Extension Requires Board or Court Reversal, Multiple Examiner Actions Not Enough


By on Feb 18, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a grant of summary judgment for the Director of the US Patent and Trademark Office (PTO), holding that the statutory language authorizing so-called “C-delay” patent term adjustment requires an adverse patentability finding that is reversed by a court or the Patent Trial & Appeal Board....

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“Gradual” and “Continuous” Includes Step-Wise


By on Nov 19, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a priority decision in favor of the senior party, upholding a claim construction that was based upon a verbatim definition set forth in the patent specification of the application from which the count in interference was copied. Chevron U.S.A. Inc. v. University of Wyoming Research...

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