by Dineen Wasylik | Aug 23, 2012 | Annual Symposium, Bar and Committee Business
William Patry, author of respected treatise Patry on Copyight, will lead off the Florida Bar’s Fourth Annual Intellectual Property Symposium on Thursday March 21, 2013 with a dinner keynote address entitled “How to Fix Copyright.” Patry will discuss his recent book by the same name, and offer insight into his proposed solutions for dealing with copyright policy issues in the Internet Age. A recent review of the book described Patry as “one of copyright’s best scholars,” and calls How to Fix Copyright “incandescent.”
The Florida Bar will host the IP Symposium at the West Palm Beach Marriott, conveniently located minutes from the West Palm Beach airport at 1001 Okeechobee Boulevard. Be sure to mark your calendars for March 21-22, 2013, and watch this space for more updates on our speaker lineup and conference details.
by Ury Fischer | Aug 22, 2012 | Uncategorized
The following contribution is from committee member Robert Kain. We will be discussing this at the upcoming committee meeting in Naples where input from the membership will be sought:
Ladies and Gentlemen: There is a serious split in the Circuit Court decisions about the application of the CFAA and the meaning of “exceeds authorized access.” With respect to employee-hackers, what is legal in Calif. And Virginia, is not legal in Miami and Dallas per a group of circuit court decisions. The attached “Committee Draft Version” article seeks the Committee’s input on whether or not the CFAA should be amended. Also, I seek critical comments on the document.
Please feel free to leave your comments here if you will not be able to make it to Naples.
by Ury Fischer | Aug 16, 2012 | Legal Developments - Patent Law
In a 2-1 decision, a Federal Circuit panel held today that patent claims directed to a method of screening cancer therapeutics using isolated DNA sequences are drawn to patent-eligible subject matter. Association for Molecular Pathology v. Myriad Genetics, Inc., __ F.3d __ (Fed. Cir. 2012)(Lourie, J.) The same panel held that claims directed at methods involving merely “comparing” or “analyzing” DNA sequences are unpatentable as abstract ideas. The decision, came after the Supreme Court vacated and remanded a prior Federal Circuit ruling in the same case for reconsideration in view of the Supreme Court’s rationale in Collaborative Services v. Prometheus, Inc., 566 U.S. ___, 132 S. Ct. 1289 (2012).
It is hard to underestimate the importance of this decision. It is widely expected that this case will be back before the Supreme Court.
by Ury Fischer | Aug 13, 2012 | Legal Developments - Patent Law
Tomorrow, the USPTO will conclude publication of all final rules and practice guides implementing the provisions of the Leahy-Smith America Invents Act which become effective on September 16, 2012. The final rule package (which also includes Final Rules published on August 6, 2012 and July 31, 20102) consist of:
In addition, the USPTO will also publish tomorrow its Office Patent Trial Practice Guide covering new procedures for inter partes review, post grant review and business method patent review proceedings commencing after September 12, 2102 as well as derivation proceedings commencing after March 16, 2013.
by Ury Fischer | Aug 13, 2012 | Uncategorized
The IP Committee meeting at the Naples Retreat will start at 10 and adjourn at noon.
