Still Better to be an Inventor than an Author – Comparing Copyright and Patent for Software Algorithms

With the 2014 decision in Alice, SCOTUS reiterated the two-step Mayo framework applied to method and software patents. A patent application is deemed unpatentable under 35 U.S.C. §101 if (1) the claims are directed to one of the three judicial exceptions (laws of nature, abstract idea, and natural phenomenon); (2) even if a claim falls under a judicial exception, that claim is still deemed patentable if there is an “inventive concept” that transforms.. Read More

Courts Split Over Fourth Circuit’s New False Advertising Standard

This blog post discusses the impact of the Fourth Circuit’s ruling regarding “literally false” advertising claims. The case is In re GNC Corp., 789 F.3d 505 (2015). An earlier blog post describing the facts of the case, as well as the merits of the Fourth Circuit’s decision, can be found here.   Consider the following scenario. Your company has been manufacturing a line of supplements for over a decade, and the bottle lists.. Read More

Welcoming the Marrakesh Treaty into a Consequentialist Framework

  Curing the Book Famine The Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities is widely lauded as a miracle. The Treaty aims to cure the global “book famine” that millions of the blind and visually impaired have suffered from due to a lack of access to published knowledge. It is the first copyright treaty to expressly proclaim a foundation based on human rights.. Read More

From the Mailroom to the Courtroom: Glatt v. Fox Searchlight Pictures and its Effects on Entertainment Industry Internships

Unquestionably, the entertainment industry has engendered an almost-mythical culture surrounding unpaid internships. Though highly romanticized, the journey from unpaid intern to Hollywood executive is well-known and has spawned some of Hollywood’s most famous players. Michael Ovitz, David Geffen, Rich Ross, and countless others – the list of Hollywood moguls who began their careers as unpaid interns in the infamous “mailroom” is strikingly impressive. Perhaps these were the career paths envisioned by plaintiffs Eric.. Read More