Category Perspectives on the US

A Bigger, Meaner Patent War

It’s been called a patent war, and it’s raging over much of the globe. In at least ten countries - including the United States, Germany, the Netherlands, Australia and South Korea - Apple is locked in ferocious legal battles against Google, Samsung and HTC over whose smartphones and tablets infringe whose patents.

There’s a lot a stake: Damages could run into billions of dollars. Even worse, the loser could wind up being forbidden to sell its products in various markets.

This costly, high-stakes global patent war may seem unprecedented. But according to many experts, that’s only partly true. In many ways, this patent war is similar to major patent disputes in the past. And it is likely a foretaste of more patent wars in the future.

Viacom v. YouTube: Chipping Away At The DMCA

It was a major legal battle between copyright owners and online businesses. Then, on 5 April, online businesses won. Mostly. The US appellate court ruling in Viacom International, Inc. v. YouTube, Inc. basically upheld the legal protection that a key US statute grants to online firms. However, the ruling also opened several holes in that protection.

US Supreme Court Edges Toward Reviewing Extent Of GMO Patents

It’s unclear if the US Supreme Court wants to address yet another controversial issue in patent law, but on 2 April, the court took a small step in that direction. That’s when the court formally asked the US Justice Department to opine on whether the high court should grant certiorari in Bowman v. Monsanto Co.

After Mayo, Is Patent Law More Restrictive In US Than Europe?

The United States is known for taking an unusually expansive approach towards patentable subject matter. Compared with Western Europe, for instance, the US has been far readier to grant patents on business methods, medical diagnostic processes, and human genes.

More Foreigners Find Themselves Targets Of US Copyright Law

All the experts agree: US copyright law doesn’t apply outside US borders. But try telling that to Kim Dotcom, Aubrey Canning, or the growing number of other foreigners whose activities outside the United States have resulted in sanctions under US copyright law.

US Aims To Boost Its Efforts Against Overseas Infringers

US President Barack Obama wants the country’s Justice Department to get by with a bit less money next fiscal year – but not when it comes to prosecuting overseas infringers of American IP rights.