SWIPLit

Supreme Court to Review Copyright Statute Relating to Inaccurate Information Provided to Copyright Office

By Zachary Schroeder and Jacob C. Jones On June 1, 2021, the U.S. Supreme Court granted certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, LP. The Court agreed to resolve whether 17 U.S.C. § 411(b) requires a district court to refer a matter to the Copyright Office where there is a claim the copyright […]

June 16, 2021 | 3 min read | Tagged: 17 U.S.C. 411(b), copyright, Copyright Office, Copyright Validity, H&M, Hennes, Inaccurate Information, Litigation, Mauritz, Ninth Circuit, Unicolors

Zachary Schroeder Associate

Jacob C. Jones Counsel

Legislators Propose Patent Eligibility Overhaul

By Zachary G. Schroeder,* Jacob C. Jones, and David G. Barker In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the Section 101 landscape. That article highlighted the lack of certainty and predictability under existing […]

May 28, 2019 | 3 min read | Tagged: Patent Eligibility, patentable subject matter, Section 101

Zachary Schroeder Associate

Jacob C. Jones Counsel

David G. Barker Partner

Section 101 in 2019

Snell & Wilmer Lawyers presented their article, Section 101 in 2019, at the ABA Section of Intellectual Property Law’s Annual Meeting in Arlington, Virginia, as part of a program, “101 ‘301’: Advanced Subject Matter Eligibility.” The article summarizes the existing patent eligibility test, discusses recent Federal Circuit decisions, and provides practical strategies for practitioners navigating the […]

April 17, 2019 | 1 min read | Tagged: 35 U.S.C. 101, Alice, Federal Circuit, Mayo, Patent Eligibility, Patent Litigation, patentable subject matter, Section 101

Jacob C. Jones Counsel

Supreme Court Confirms Inter Partes Review Is Constitutional

By Jacob C. Jones and David G. Barker In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et seq. (2011), does not violate Article III or […]

April 24, 2018 | 3 min read | Tagged: Federal Circuit, inter partes review, IPR, Oil States, patent, PTAB, Supreme Court

Jacob C. Jones Counsel

David G. Barker Partner

Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

By Jacob C. Jones and David G. Barker In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service. Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed the injunction, agreeing that Disney, Fox, and Warner were likely to prevail on their copyright infringement and technology […]

August 26, 2017 | 3 min read | Tagged: circumvention, copyright, Disney, DMCA, FMA, Fox, injunction, Ninth Circuit, VidAngel, Warner

Jacob C. Jones Counsel

David G. Barker Partner

Supreme Court Permits Biosimilar Drugs to Be Marketed Sooner

By Jacob C. Jones and David G. Barker On June 12, 2017, in Sandoz Inc. v. Amgen Inc., the United States Supreme Court unanimously held that a drug manufacturer may give a required 180-day notice of its intent to market a biosimilar drug before receiving FDA approval. This means that, in some circumstances, manufacturers can […]

June 13, 2017 | 3 min read | Tagged: Amgen, artificial infringement, biologics, biosimilars, BPCIA, FDA, Federal Circuit, Neupogen, patent, Sandoz, Supreme Court, Zarxio

Jacob C. Jones Counsel

David G. Barker Partner