How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It

Earlier this week, the Supreme Court handed down its decision in Fourth Estate v. Wall-Street.com, a case examining the registration precondition to filing a suit for copyright infringement in the federal district courts. While I agree with the Court’s exegesis of the statute at issue, it’s worth noting how the Court’s construction leaves many, if … Continue reading “How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It”

Supreme Court Holding on Recoverable Costs Misses the Mark

On Monday, the Supreme Court issued a decision holding that the “full costs” available to a prevailing party in a copyright dispute are limited to those litigation expenses specified as taxable under federal law. The opinion by Justice Kavanaugh reverses a Ninth Circuit interpretation of 17 USC § 505, which held that any costs incurred … Continue reading “Supreme Court Holding on Recoverable Costs Misses the Mark”

Supreme Court to Assess USPTO’s Controversial Attorneys’ Fees Position

By Chris Katopis & Devlin Hartline This week, the U.S. Supreme Court agreed to hear an important case concerning patent law procedures and the American legal system in general. In Iancu v. NantKwest, the Court asks, “Does all really mean all?” Specifically, the Court will examine whether Section 145 of the Patent Act, which provides … Continue reading “Supreme Court to Assess USPTO’s Controversial Attorneys’ Fees Position”

Statement of Professor Adam Mossoff on Oil States v. Greene’s Energy

The statement below is from Professor Adam Mossoff, whose law review articles (here and here) were heavily cited in Justice Gorsuch’s dissent (joined by Chief Justice Roberts) in today’s opinion in Oil States v. Greene’s Energy. Adam Mossoff Professor of Law Antonin Scalia Law School, George Mason University For the first time, the Supreme Court … Continue reading “Statement of Professor Adam Mossoff on Oil States v. Greene’s Energy”

CPIP Founder Adam Mossoff Files Amicus Brief on Behalf of 27 Law Professors in Oil States

CPIP Founder Adam Mossoff filed an amicus brief today on behalf of 27 law professors in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, a patent case pending in the Supreme Court. Oil States is challenging the constitutionality of proceedings at the Patent Trial and Appeal Board (PTAB) to determine the validity of an issued patent. The challenge … Continue reading “CPIP Founder Adam Mossoff Files Amicus Brief on Behalf of 27 Law Professors in Oil States”

An Ever-Weakening Patent System is Threatening the Future of American Innovation

Over the past ten years, the United States patent system has been transformed by new legislation, regulatory actions, and numerous decisions by the Supreme Court addressing nearly every area of patent doctrine. The many disruptive legal changes have affected infringement remedies, licensing activities, and what types of inventions and discoveries are eligible for patent protection, … Continue reading “An Ever-Weakening Patent System is Threatening the Future of American Innovation”

Kodi Software Enabling Widespread Copyright Infringement

Awards season always seems to arrive with new stories about how piracy is affecting the film industry and the way we watch movies. Whether it’s a promotional screener that was stolen and uploaded to a torrent site, or the latest software that allows users to download or stream pirated content, the tales are reminders of … Continue reading “Kodi Software Enabling Widespread Copyright Infringement”

What Would Judge Gorsuch Mean for Fair Use?

On February 1st, President Trump nominated Neil Gorsuch to fill the Supreme Court seat left vacant by the passing of Justice Antonin Scalia. The announcement opened the floodgates of prognostication as to how the appellate court judge from Colorado might sway the Court in the coming terms, with forecasters pouring over his past decisions in … Continue reading “What Would Judge Gorsuch Mean for Fair Use?”

CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole

Last week, CPIP Senior Scholar Adam Mossoff and I filed an amicus brief on behalf of 15 law professors, including CPIP’s Devlin Hartline, Chris Holman, Sean O’Connor, Kristen Osenga, and Mark Schultz. We urge the Supreme Court to grant certiorari in TDE Petroleum v. AKM Enterprise and reaffirm that any analysis of an invention must be of the claimed invention … Continue reading “CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole”

Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees

By Andrew Baluch[1] & Devlin Hartline President Donald Trump will soon announce his nominee to fill the vacancy left at the Supreme Court by late Associate Justice Antonin Scalia. On September 23, 2016, the Trump campaign revealed that there are twenty-one candidates under consideration for the nomination. Below is a summary of the intellectual property … Continue reading “Intellectual Property Backgrounds of President Trump’s Potential Supreme Court Nominees”