article thumbnail

Additional Remuneration Rights for Online Streaming on Reference to the CJEU

Kluwer Copyright Blog

Image by yousafbhutta from Pixabay On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to the Court of Justice of the EU (CJEU).

Licensing 122
article thumbnail

Copyright References in the Budget: Good Intentions Are Welcome but Early Action is Needed

Hugh Stephens Blog

Last week I discussed the copyright needle buried in the 2022 Canadian budget haystack, a reference to impending legislation to amend the Copyright Act to fulfill Canada’s obligation under the USMCA/CUSMA to extend its term of copyright protection from the life of the author plus 50 years to “life plus 70”.

Copyright 246
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Federal Circuit Rebukes Attempt to Incorporate Arguments by Reference to a Related IPR Petition

Intellectual Property Law Blog

In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent.

Invention 130
article thumbnail

Goodbye Rosen references, hello Jennings references?

Patently-O

For now, I’d like to focus on one: What counts as a proper primary reference under LKQ ? While the Federal Circuit overruled the Rosen requirement that a primary reference look “basically the same” as the claimed design, the court did not overrule the requirement that there be a primary reference. 2d 207, 208 (CCPA 1950).

Art 45
article thumbnail

Total References Cited

Patently-O

The chart below shows a histogram of the total number of references per patent. Utility patents issued in 2021) with the mode, median, and average noted.

Patent 118
article thumbnail

SCOTUS Denies Petition to Review CAFC Precedent on Articulating Justification of Primary Reference Selection

IP Watchdog

The petition specifically asked the Court to review the CAFC’s holding that Schwendimann’s argument that “justification for selection of a primary reference is a necessary step to guard against hindsight bias for the motivation to combine references” was unsupported by Federal Circuit case law.

Patent 100
article thumbnail

PTAB Permits Submission of Evidence Midstream to Bolster Public Accessibility of References Despite Objections

JD Supra Law

The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds of unpatentability in the petition.

Patent 105