After More Than 15 Years, the Federal Circuit Clarifies the “Actual Notice” Requirement for Post-publication, Pre-issuance Patent Infringement

The American Inventor’s Protection Act (AIPA) was passed in 1999 and added § 154(d) to title  35 of the United States Code, which provides a remedy for patent applicants for post-publication, pre-issuance patent infringement. Section 154(d) provides a right to obtain a reasonable royalty from the date of publication of the application to the date the patent is issued if the patent infringer had “actual notice of the published patent application” and “the invention as claimed in the.. Read More

Make America Great Again™ (but only for Trump)

Primaries are not the only thing Donald Trump has been winning as of late, and we have the United States Patent and Trademark Office to thank for that. On November 11, 2015, a U.S. Trademark examiner completed the final phase of Trump’s three year quest to trademark the phrase “Make America Great Again.” Despite being a prominent slogan in the Reagan campaign from over thirty years ago, Mr. Trump now has the exclusive.. Read More

Applying Classic Contract Interpretation Principles to New Media Contracts

The entertainment industry is as much defined by its technology as by the writers, performers, and producers that comprise it. Although it is clear from today’s 3D Imax mega-theaters that the industry has come a long way from the days of all-male casts performing Greek tragedies in ancient amphitheaters, one thing that has stayed constant over the last hundred years or so of technological change in the entertainment industry is the fact that.. Read More

The IP Implications of Video Game Mods

The size of the video game industry has expanded greatly from the early 2000s to the present. There are more games being released and sold today than ever before. However, not every video game is perfect for every person who buys it. Some games may have a bad story, have terrible visuals, or just be riddled with bugs. Even some of the critically-acclaimed games are not immune from this phenomenon. For many gamers,.. Read More

Place Your Bets: States Take on Daily Fantasy Sports

One of the biggest new trends in digital applications is daily fantasy sports. Dominated by two leading companies, DraftKings and FanDuel, the daily fantasy sports industry swelled in size in 2015, with the two companies collecting a combined $50 million in weekly fees from about 7.5 million users during the NFL season. However, the industry is receiving considerable backlash from many state governments, who argue that daily fantasy sports services are illegal online.. Read More

High Court Refuses to Give Kit-Kat a Break

Nestle’s long battle to have the shape of their Kit-Kat bars receive trademark protection in the European Union has once again hit an obstacle. Previously, the advocate general of the European court of justice provided an opinion opposed to giving the four finger shape of the bar trademark protection because it did not comply with EU law. Recently, the High Court of Justice of England and Wales agreed with the advocate general and.. Read More

Patent Trolls: To Fight or to Settle, That is the Question

“Patent Troll,” or Non-Practicing Entity (NPE), is a derogatory term used to label people or companies that exploit patents as a business strategy. A patent troll acquires patents to make profits by bringing patent infringement lawsuits. Rather than actually going through lawsuits, trolls seek to extort early settlements by filing frivolous suits and asking relatively small sums. One federal district court has defined a patent troll as “somebody who tries to make a lot of.. Read More

A Conversation With David Shields

David Shields is the bestselling author of twenty books, including The Thing About Life Is That One Day You’ll Be Dead, and Reality Hunger: A Manifesto, which was named one of the best books of 2010 by more than thirty publications. His essays and stories have appeared in Harper’s, McSweeney’s, and Slate, and his writing frequently addresses issues of copyright and the legality of artistic appropriation. His most recent release, War Is Beautiful, analyzes.. Read More

Baby Blue: A Bluebook Compatible Citation System in the Public Domain

The Bluebook describes itself as a “unique system of citation” on which “generations of law students, lawyers, scholars, judges, and other legal professionals have relied.” One NYU Law professor is trying to change this reliance with a new project called ‘Baby Blue’ that aims to bring this citation system into the public domain. Learn more about Baby Blue from the interview with Professor Christopher Sprigman, below. Can you give an overview of the.. Read More

Gender Diversity in Technology: A Panel Discussion

Catch phrases such as “male allies,” “imposter syndrome,” and “implicit bias” were abound as over twenty-five women gathered in a New York University School of Law classroom to attend a panel discussion titled Gender Diversity in Technology. Hosted by NYU’s Law Women, Social Entrepreneurship & Startup Law Group, and Intellectual Property & Entertainment Law Society, the panel discussed the challenges that women face in the workforce generally, and in the technology sector in.. Read More