When Is Software a Work for Hire?

A recent California case provides a good illustration of different possible grounds for finding that software is a work made for hire under the Copyright Act.  Siniouguine v.  Mediachase Ltd., CV 11-6113-JFW (AGRx) (C.D. Cal. Ju… Read More

Federal Circuit Upholds Obviousness Rejection

What are the chances of overcoming the obviousness rejection of a patent claim having all of its elements disclosed in the prior art, albeit by multiple references?  In the wake of KSR v. Teleflex, the odds of succeeding with suc… Read More

Bad Faith Not Shown Under the ACPA

A jury finding that cybersquatting defendants had not acted in bad faith, and thus enjoyed a safe harbor from liability under the Anti-Cybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), has been upheld by the Ele… Read More

Plaintiff Goes First In Trade Secrets Discovery

A classic tension in trade secrets cases lies between plaintiffs’ reluctance to identify their trade secrets and defendants’ contentions that plaintiffs will tailor their accusations of trade secrets theft to match inf… Read More

Amended Patent Infringement Complaint Allowed After Federal Circuit Decision

An amended complaint for patent infringement has been allowed under the standard recently set forth by the Federal Circuit in In re Bill of Lading Transmission & Processing Sys. Patent Litig., No. 2010-1493 (Fed. Cir. June 7,… Read More