Section 411(a) of the Copyright Act provides that a suit for copyright infringement may not be filed “until preregistration or registration of the copyright claim has been made” or “refused.” The 5th and 9th Circuits had held that an infringement lawsuit could be initiated upon filing a copyright application (the “application approach”). The 2nd, 10th, […]

On September 10th the Federal Circuit issued its ruling, 2-1, in the case of Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. upholding the judgment of the District Court of Delaware which had invalidated four of Acorda’s patents (“the Acorda Patents”) on the basis of obviousness. One of the issues on appeal was whether the district […]

On April 24, 2018, the Supreme Court issued the much anticipated decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (https://www.supremecourt.gov/opinions/17pdf/16-712_87ad.pdf). The Court held Constitutional the provisions of the America Invents Act authorizing the U.S. Patent and Trademark Office (“PTO”) to conduct an Inter Partes Review (IPR) in which the PTO reconsiders […]

On March 14, 1899, Count Ferdinand von Zeppelin was issued U.S. Patent No. 621,195 for his invention entitled, “Navigable Balloon.” The rigid airship, ultimately became commonly known as the “Zeppelin.” Von Zeppelin was the scion of a noble family dating back to the year 1400 in Mecklenburg – Pomeranian. Zepelin, the eponymous hometown of the […]