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