Recent Developments In Information Technology Law – Third Quarter 2014

Brooks Kushman P.C.
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The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues.

Over the past few months, the Court issued a number of patent law related opinions covering ground from claim definiteness (Nautilus) to the exceptional case standard in Section 285 (Octane, Highmark) to multiactor infringement (Limelight) to the ever-present patentable subject matter case (Alice). Three of these opinions (Alice, Highmark, and Limelight) resolved deep intra-circuit splits at the Federal Circuit. All together, this term profoundly altered the landscape of patent law jurisprudence.

One of the most high-profile decisions was Alice. In that decision, the high court held that a banking-related business method is drawn to a patent-ineligible abstract idea, and it cannot be made patent eligible simply by adding implementation on a general purpose computer.

The other high-profile decision was Aereo, a copyright decision.

In a 6-3 decision, the court held that Aereo publicly performs television programs when it transmits those programs.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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