CPIP Scholars To Federal Circuit: Protect Innovation in the Life Sciences

Last week, a group of CPIP scholars—Chris Holman, David Lund, Adam Mossoff, and Kristen Osenga—filed an amicus brief in Natural Alternatives International v. Creative Compounds, a case currently on appeal to the U.S. Court of Appeals for the Federal Circuit. The amici ask the appellate court to correct the district court’s misapplication of the patent-eligibility … Continue reading “CPIP Scholars To Federal Circuit: Protect Innovation in the Life Sciences”

CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101

On December 4, 2017, CPIP Founder Adam Mossoff and CPIP John F. Witherspoon Legal Fellow David Lund filed an amicus brief urging the Supreme Court to grant certiorari in RecogniCorp. v. Nintendo. The amicus brief was joined by several law professors, including Richard Epstein and Michael Risch, as well as CPIP Senior Scholars Chris Holman, … Continue reading “CPIP Scholars File Amicus Brief Urging Supreme Court to Fix Section 101”

CPIP Publishes Prof. John F. Witherspoon’s Tribute to the Late Judge Giles S. Rich

CPIP has published a tribute to Judge Giles S. Rich by Professor John F. Witherspoon. Prof. Witherspoon is Director Emeritus, Intellectual Property Program, Antonin Scalia Law School. Prof. Witherspoon’s career in government, academia, and private practice spans more than fifty years. After practicing with a patent law firm in Washington, Prof. Witherspoon was appointed by … Continue reading “CPIP Publishes Prof. John F. Witherspoon’s Tribute to the Late Judge Giles S. Rich”

CPIP’s Sandra Aistars & Scalia Law Alumnae Urge Federal Circuit to Protect Creators and Rein In Fair Use in Oracle v. Google

On February 17, 2017, CPIP Senior Scholar Sandra Aistars filed an amicus brief in Oracle v. Google, a copyright case currently before the Federal Circuit. Prof. Aistars worked in conjunction with Scalia Law alumnae Antigone Peyton and Jennifer Aktins of Cloudigy Law and third-year law student Rebecca Cusey to file the brief on behalf of … Continue reading “CPIP’s Sandra Aistars & Scalia Law Alumnae Urge Federal Circuit to Protect Creators and Rein In Fair Use in Oracle v. Google”

Oracle v. Google: Expansive Fair Use Harms Creators

The following post comes from Rebecca Cusey, a third-year law student at Antonin Scalia Law School, George Mason University, and a movie critic at The Federalist. By Rebecca Cusey The fair use doctrine has expanded far beyond its purpose, according to an amicus brief filed this past Friday on behalf of 13 law professors in … Continue reading “Oracle v. Google: Expansive Fair Use Harms Creators”

CPIP Founders File Amicus Brief on Behalf of 11 Law Professors in Converse v. ITC

CPIP Founders Adam Mossoff & Mark Schultz filed an amicus brief today on behalf of 11 law professors in Converse v. International Trade Commission, a trademark case currently before the Federal Circuit. In late-2014, Converse filed a complaint with the International Trade Commission alleging that more than thirty companies, including Skechers, Walmart, New Balance, and … Continue reading “CPIP Founders File Amicus Brief on Behalf of 11 Law Professors in Converse v. ITC”

Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents

The Federal Circuit issued another important opinion yesterday affirming that software is a patentable invention in the United States. In Trading Technologies Int’l, Inc. v. CQG, Inc., the court determined that a graphical user interface (GUI) for a commodities trading platform was patent eligible. Ten law professors, including CPIP Senior Scholars and others, filed an … Continue reading “Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents”

Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines

An oil well drilling rig is not an abstract idea. A method of operating an oil well drilling rig is also not an abstract idea. This proposition should be clear to all, but in TDE Petroleum Data Solutions v AKM Enterprise, the Federal Circuit held that a method of operating an oil well drilling rig … Continue reading “Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines”

Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible

In Tuesday’s McRO v. Bandai decision, the Federal Circuit has once again reversed a district court’s determination that a computer-implemented invention (aka “software patent”) was not patent eligible under Section 101 of the Patent Act. This continues the Federal Circuit’s recent trend of clarifying the Supreme Court’s two-step patent-eligibility test under Mayo and Alice. The … Continue reading “Federal Circuit Again Finds Computer-Implemented Invention Patent Eligible”

CPIP Scholars File Amicus Brief in Trading Technologies v. CQG

Earlier this month, CPIP Senior Scholar Adam Mossoff penned an amicus brief in Trading Technologies v. CQG, currently on appeal to the Federal Circuit. The brief was joined by nine other IP scholars, including CPIP Senior Scholars Mark Schultz and Kristen Osenga. The amici argue that Trading Technologies’ graphical user interface (GUI) constitutes patentable subject … Continue reading “CPIP Scholars File Amicus Brief in Trading Technologies v. CQG”