An Illustrated Guide To The USPTO’s New Memo On Method Of Treatment Claims

The U.S. Patent and Trademark Office (“USPTO”) has renewed the hopes of applicants looking to patent method of treatment claims. A recent memo from the USPTO (the “Memo”) provides guidance on method of treatment claims, suggesting that when correctly drafted, such claims should generally be considered patent eligible subject matter.

The Memo comes in direct response to the Federal Circuit’s decision in Vanda v. West-Ward, issued on April 13, 2018. In Vanda, the Court, inter alia, distinguished certain […]

By | Oct 19, 2018 ||

Circuit Split Alert: U.S. Supreme Court To Decide Key Copyright Lawsuit Precondition

Do copyright owners need an issued copyright registration or only a pending application to enforce their copyright in federal court? The U.S. Supreme Court has agreed to decide this question.

The Copyright Act provides that “no civil action for infringement of the copyright in any United States work shall be instituted until … registration of the copyright claim has been made ….”  The circuit courts of appeal that have considered this question reached different conclusions […]

By | Oct 17, 2018 ||

Goldman, Breitbart And Embedded Tweets: Another Link In The Copyright Chain

The story begins in July 2016, when Justin Goldman was walking in the streets of New York City. Goldman spotted American football quarterback Tom Brady meeting with the Boston Celtics manager. He took a hurried picture with his phone and added it to the “My Story” section of his private Snapchat. Not long after, one of Goldman’s followers took a copy of the image and uploaded it to Reddit. The picture quickly began to […]

By | Oct 15, 2018 ||