Professor Justin Hughes on “Restating Copyright Law’s Originality Requirement”

The following post comes from Ryan Reynolds, a 3L at Scalia Law and Research Assistant at CPIP. By Ryan Reynolds In the 89 years following the publishing of the first Restatement of Law in 1932, the American Law Institute’s (ALI) Restatements have become an important tool for those in the legal community to better understand … Continue reading “Professor Justin Hughes on “Restating Copyright Law’s Originality Requirement””

Artist Roundtable Presented by the Mason Sports & Entertainment Law Association and the Arts & Entertainment Advocacy Clinic

The following post comes from Austin Shaffer, a 2L at Scalia Law and a Research Assistant at CPIP. By Austin Shaffer On April 6th, the Mason Sports & Entertainment Law Association, in conjunction with the Arts & Entertainment Advocacy Clinic, hosted its Artist Roundtable event. Moderated by Professor Sandra Aistars of Scalia Law, the panel … Continue reading “Artist Roundtable Presented by the Mason Sports & Entertainment Law Association and the Arts & Entertainment Advocacy Clinic”

Recap of the Supreme Court’s Google v. Oracle Opinion

The following post comes from Liz Velander, a recent graduate of Scalia Law and a Research Assistant at CPIP. By Liz Velander The Supreme Court finally reached a determination in the decade-long dispute between two of the biggest technology companies in the world, Google and Oracle. Many have long-awaited the Court’s decision in this case, … Continue reading “Recap of the Supreme Court’s Google v. Oracle Opinion”

Professor David Taylor on Patent Eligibility and Investment

The following post comes from Terence Yen, a 4E at Scalia Law and a Research Assistant at CPIP. By Terence Yen In his new paper, Patent Eligibility and Investment, Professor David Taylor of the SMU Dedman School of Law explores whether the Supreme Court’s recent patent eligibility cases have changed the behavior of venture capital … Continue reading “Professor David Taylor on Patent Eligibility and Investment”

Rethinking § 101: Professor Talha Syed Takes a Different Look at Subject Matter Eligibility

The following post comes from Colin Kreutzer, a 2E at Scalia Law and a Research Assistant at CPIP. By Colin Kreutzer When most people think of patentability requirements, they think of whether an invention has been “done before.” Novelty and non-obviousness under 35 U.S.C. §§ 102 and 103 are certainly key hurdles to obtaining a … Continue reading “Rethinking § 101: Professor Talha Syed Takes a Different Look at Subject Matter Eligibility”

Google v. Oracle at the Supreme Court: Copyrightability, Fair Use, and Standard of Review

The following post comes from Chris Wolfsen, a recent graduate of Scalia Law and a Research Assistant at CPIP. By Chris Wolfsen Grocery store shelves, QWERTY keyboards, and restaurant menus. These are just three of the analogies that Supreme Court justices used to grapple with the complex issues in the long-awaited Google v. Oracle oral … Continue reading “Google v. Oracle at the Supreme Court: Copyrightability, Fair Use, and Standard of Review”

RBG’s Legacy Can Guide High Court In Oracle Copyright Case

This post first appeared on Law360. As America mourns the passing of one of its great civil rights icons and judicial pathmakers — Justice Ruth Bader Ginsburg — stakeholders and other observers must not only contemplate what her absence means for the upcoming election but also next month’s start of oral arguments at the U.S. … Continue reading “RBG’s Legacy Can Guide High Court In Oracle Copyright Case”

CPIP Roundup – August 31, 2020

Greetings from CPIP Executive Director Sean O’Connor August has seen the beginning of a highly unusual school year, but I hope everyone is continuing to stay safe. And, since even a pandemic can’t keep the world from having a busy back-to-school month, I’ll keep this month’s note short. First, we’re gearing up for The Evolving … Continue reading “CPIP Roundup – August 31, 2020”

Consumer Perception Wins the Day: A Case Overview of USPTO v. Booking.com

The following post comes from Ryan Reynolds, a rising 3L at Scalia Law and a Research Assistant at CPIP. By Ryan Reynolds Last week, the Supreme Court in USPTO v. Booking.com held that a combination of an otherwise generic term and a generic top-level domain (TLD) may be protected as a trademark so long as … Continue reading “Consumer Perception Wins the Day: A Case Overview of USPTO v. Booking.com

New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach

What if there is a way for a patent applicant to obtain a “gold-plated patent” that is immune to administrative cancellation before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (PTO)? This intriguing notion is the subject of a recent paper by Professor Michael S. Greve of Scalia Law, … Continue reading “New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach”