Theiplawblog.com

Intellectual property: if you fail to block competition with one kind, apparently you can try, try again with another kind -- and eventually you'll end up in the Court of Appeals for the Federal Circuit, who will mess everything up and kill off the competition...

Back in May, the appeals court for the Federal Circuit (CAFC) enhanced its reputation of getting basically patent law wrong consistently by deciding to get copyright law wrong too, in declaring that APIs were copyrightable subject matter, in the Oracle...

The Supreme Court, taking up an issue that has puzzled lower courts, agreed on Monday to clarify whether the design that is a part of a “useful article” is original enough to gain its own copyright protection.  In the case raising that issue (Star Athletica...

You probably already know it’s baseball season, but you may have missed some particularly interesting inside baseball going on in the world of copyright law and policy. The most recent example: the U.S. Solicitor General’s Office has recommended the...

The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v...