Monthly Archives: April 2010

Federal Courts have Jurisdiction over Copyright Suits Involving Unregistered Works

On March 2, 2010, the Supreme Court issued a decision in Reed Elsevier v. Muchnick and held that the Copyright Act’s requirement pursuant to 15 U.S.C. § 411(a) (copyright owners must register their works before suing for copyright infringement) is not jurisdictional. The Court clarified that federal district courts have subject-matter jurisdiction over infringement claims […]

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Intent to Induce Standard and Extraterritorial Limits of Patent Infringement

On February 5, 2010, the Federal Circuit addressed two issues of patent infringement claims. SEB S.A. v. Montgomery Ward & Co., Inc., No. 2009-1099 (Fed. Cir. Feb. 5, 2010). First, the Federal Circuit addresses the level of proof required to support an inducing infringement claim that an accused infringer had actual knowledge of a patent-in-suit. […]

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Separate Written Description and Enablement Requirements for Patents

On March 22, 2010, the Federal Circuit decided in its 9-2 decision that 35 USC § 112, paragraph one, includes separate written description and enablement requirements for patents. Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. (Fed.Cir. 2010) (en banc). While I am not sure this decision provides any substantive direction on written description, here […]

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