Copyright: Registration & Infringement Lawsuits

An original work of authorship is accorded copyright protection when the work is fixed in a tangible medium of expression (17 U.S.C. §102). However, a copyright owner cannot sue for infringement of the copyrighted work until either 1) “registration has been made” of...

Internet Speech & European Copyright Law

The European Parliament has approved some proposed amendments to EU copyright law. The proposals must now pass a final step before becoming law.  The stated intention of the amendments is to bring Europe’s copyright protection in line with how content is being...

Retroactive IPRs

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., the Supreme Court ruled that an inter partes review (IPR) proceeding does not violate the Constitutional right to be heard in court. But that decision did not consider whether an IPR—a procedure...

When is an invention “on sale?”

The Supreme Court is currently posed with the question: Does the confidential sale of an invention disqualify that invention from later patenting? Helsinn Healthcare S.A. v. Teva Pharm. USA, Inc., 138 S.Ct. 2678 (2018). The patent statute does not directly address...