Intellectual Property & Technology Blog Posts From March 2019

• Blog: The Ongoing Evolution Of Patent Venue
  Date: March 21, 2019 Title: The Ongoing Evolution Of Patent Venue
  Summary: A refresher and update on the ongoing evolution of what constitutes proper venue in a patent case. For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp. Brands, LLC that 28 U.S.C. §1400(b) is the sole and exclusive venue provision for patent infringement actions, and cannot be supplemented by the general venue statute at 28 U.S.C. §1391....
• Blog: ‘Full Moon’ Costs Denied by Supreme Court in Oracle Copyright Case
  Date: March 14, 2019 Title: ‘Full Moon’ Costs Denied by Supreme Court in Oracle Copyright Case
  Summary: On March 4, 2019, the Supreme Court issued a unanimous decision overturning the Ninth Circuit Court's award of $12.8 million in costs in the copyright infringement matter Rimini Street, Inc. et al v. Oracle USA, Inc. et al. Newly confirmed Justice Kavanaugh penned the opinion for the Court, holding that the Ninth Circuit's expanded view of "full costs" set forth in 28 U.S.C. §§ 1920 and 1821 was improper, going beyond the "costs" typically available to copyright litigants...
• Blog: USPTO Supports “Counterintuitive” Interpretation of AIA in Amicus Brief to Fed Circuit Court of Appeals
  Date: March 07, 2019 Title: USPTO Supports “Counterintuitive” Interpretation of AIA in Amicus Brief to Fed Circuit Court of Appeals
  Summary: Oral Arguments Scheduled for Next Week - In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a “counterintuitive” reading of the American Invents Act (AIA). This stems from an interesting argument made by Johnson & Johnson subsidiary company Janssen Oncology, Inc. regarding estoppel under the AIA. ...
• Blog: Supreme Court Concludes That Copyright Registration Is A Prerequisite To Filing Copyright Lawsuit
  Date: March 04, 2019 Title: Supreme Court Concludes That Copyright Registration Is A Prerequisite To Filing Copyright Lawsuit
  Summary: In a decision that did not surprise many, the United State Supreme Court held unanimously that indeed, the Copyright Act means what is says, namely, “no civil action for infringement of the copyright in any United State work shall be instituted until… registration of the copyright claim has been made in accordance with this title.” ...