Category North America

Real IP Issues Surface In A Virtual World

As virtual reality (VR) and augmented reality (AR) technologies emerge, so do legal questions arising from their use. While the issues are still mostly hypothetical, they implicate, among other areas, intellectual property rights, lawyers say.

US Supreme Court Ruling Worries Patent Experts

A recent US Supreme Court patent law decision surprised few observers – other than those steeped in patent law. The high court’s ruling in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods stunned and dismayed many patent experts, because the decision will benefit patent trolls and other unscrupulous patent owners, at the expense of companies just trying to make and sell their products. On the positive side, however, the ruling brings US patent law more in line with Europe’s patent law.

The Web Is At A Crossroads – New Standard Enables Copyright Enforcement Violating Users’ Rights

Parminder Jeet Singh writes: The World Wide Web today stands at a crossroads, as its standards body, the World Wide Web Consortium (W3C), considers the demand of big content providers to provide them with the facility to be able to control user devices for ensuring that their content is not copied. This facility is called the Encrypted Media Extension (EME), which enables these companies to put digital rights management (DRM) into the user's browser, whether the user wants it or not, and whether such restrictions are as per the user's local national laws or not.

The Current And Future Scope Of IPR Estoppel

David I. Berl and Christopher A. Suarez write: The estoppel provision of the America Invents Act, 35 U.S.C. 315(e), was touted originally as a check against patent challengers using inter partes review (“IPR”) proceedings to attack patents serially on the same or similar grounds. That provision precludes an IPR petitioner, or the real party in interest or privy of the petitioner, from asserting invalidity challenges in subsequent IPR, district court, or International Trade Commission (“ITC”) proceedings “on any ground that the petitioner raised or reasonably could have raised during” an IPR that resulted “in a final written decision.” Given the frequency of IPR and associated district court challenges, the scope of the AIA’s estoppel provision, with respect to the parties and arguments it estops, has become and will continue to be a critical and frequently contested issue for litigants.