In Google v. Oracle, SCOTUS Holds That Google’s Copying of Java API for Android Platform Constitutes Fair Use Under Copyright Law

On April 5th, 2021, the Supreme Court of the United States reversed the U.S. Court of Appeals for the Federal Circuit, finding that Google’s copying of 11,500 lines of “declaring” code from the Application Programming Interface of Oracle’s Java SE program constituted fair use under copyright law. The case of... Continue Reading

The Supreme Court Rules That the PTO Cannot Recover Its In-House Attorneys’ Fees from a Party That Challenges Its Refusal to Grant A Patent

On December 11, 2019, writing for a unanimous Court Judge Sotomayor ruled that the language in Section 145 of the Patent Act, 35 U.S. Code § 145, that provides that the prevailing party is entitled to “all expenses of the proceedings” does not authorize reimbursement of the PTO’s attorneys’ fees. Peters v.... Continue Reading

Curver Luxembourg, Sarl v. Home Expressions Inc. – The Federal Circuit Affirms Limiting the Scope of a Design Patent Based Upon its Title

On September 12th, in a case of first impression, a three-judge panel of the Federal Circuit ruled unanimously that the scope of a design patent can be determined by its title alone, where the figures do not depict an article of manufacture. In Curver Luxembourg, Sarl v. Home Expressions Inc., Curver filed for a... Continue Reading

Larry Abelman Receives Award

On May 8, 2019, México's Tequila Regulatory Council (the TRC) and the Agave-Tequila Production Network hosted a special event in Washington, D.C. to celebrate the 25th anniversary of the creation of the TRC, and the 45th anniversary of Tequila's declaration as an appellation of origin.... Continue Reading