On June 27, 2016, a three judge panel of the Federal Circuit delivered a decision in BASCOM Global Internet v. AT&T Mobility LLC. The court held that while BASCOM’s asserted claims were directed to the abstract idea of filtering content, the claims contained an “inventive concept” that... read more
Last Thursday, June 21, 2016, an eight-person jury in the United States District Court for the Central District of California unanimously determined that Led Zeppelin’s “Stairway to Heaven” does not infringe a copyright owned by psychedelic-rock band Spirit. The plaintiff, Michael Skidmore, as the... read more
“Two of tech’s biggest behemoths are slugging it out in court,” reported Jon Swartz in an article in USA Today on May 11, 2016. After noting that billions of dollars of damages are at stake in this six-year software copyright case, Swartz quoted Dunlap Codding’s Jordan Sigale, an... read more
Dunlap Codding's own Jordan Sigale and Julie Langdon co-authored an amicus brief on behalf of the Federal Circuit Bar Association filed on April 20, 2016, in Sequenom v. Ariosa Diagnostics at the U.S. Supreme Court.  The brief (prepared with Frank Angileri of Brooks Kushman PC) urges the high... read more
With the number of patents being invalidated under 35 U.S.C. § 101 on Motions to Dismiss after Mayo and Alice, there’s a fair question – what happened to the presumption of validity that is owed to a patent?  Seemingly, it still exists. 35 U.S.C. § 282 states:A patent shall be presumed... read more
Back in September, I discussed the uncertainty surrounding personal jurisdiction in Hatch-Waxman litigation created by the U.S. Supreme Court’s decision in Daimler AG.1 Specifically, district courts were not consistent in answering the question of what constitutes sufficient... read more
The Bluebook: A Uniform System of Citation is a 511-page quasi-authoritative source of legal citation formats published by the Harvard Law Review Association working together with the Columbia Law Review Association, Inc., The Yale Law Journal Company, Inc., and the University of Pennsylvania Law... read more
Judge Percy Anderson of the United States District Court for the Central District of California recently granted summary judgment in the case Twentieth Century Fox v. Empire Distribution, Inc., Case No. CV-15-2158 PA (C.D. Cal. Feb. 1, 2016) in favor of Twentieth Century Fox Television (“Fox”) and... read more
In an opinion by Judge Chen in Nike, Inc. v. Adidas AG 14-1542 (Feb. 11, 2016), the Court of Appeals for the Federal Circuit (“Federal Circuit”) vacated the USPTO Patent Trial and Appeal Board’s (“the Board”) decision to deny Nike’s motion to add four substitute claims to U.S. Patent No. 7,347,011... read more
In a recent decision, the Northern District of California decided that a patent owner’s submissions in an inter partes review constituted a prosecution disclaimer for claim construction purposes. Based in part on prosecution estoppel, the court found on summary judgement that the defendant did not... read more
On December 1, 2015, amendments to certain rules of the Federal Rules of Civil Procedure went into effect. For a better understanding of the new amendments, I have set forth a breakdown of the primary amendments to the rules and the purpose of those amendments.Rule AmendmentPurposeRule 1:... read more
Between declining gas prices and the controversy over the increased incidence of earthquakes, the state of the Oklahoma oil and gas industry, particularly the use of hydraulic fracturing, or “fracking,” seems to be a daily local news topic. A decision last week in the United States District Court... read more
Can a monkey acquire intellectual property rights in a selfie? On Wednesday, a federal judge answered this question in the negative, ruling that there is no indication that the protection of the United States Copyright Act extends to animals. The judge went on to state, “This is an issue for... read more
With the beginning of a new year, I thought it would be interesting to review district court decisions on patent eligibility under 35 U.S.C. § 101 in 2015. Of particular interest were pre-trial decisions on motions that were dispositive of the patent subject matter eligibility question. Using... read more
On December 17, 2015, a jury in the U.S. District Court for the Eastern District of Virginia (Alexandria Division) found cable and Internet provider Cox Communications, Inc., (“Cox”) liable for contributory infringement as a result of Cox’s subscribers illegally downloading and sharing music files... read more