Wishing You a Happy New Year

Osha Liang partners pictured at the firm's 2019 holiday party in Houston
A re State Legal Texts with Annotations Copyrightable? The U.S. Supreme Court to Decide in Georgia v. Public.Resource.Org

The Supreme Court recently heard oral arguments to decide whether Georgia's annotated version of the Georgia legal code is protected by copyright. The case stems from Public.Resource.Org publishing the annotated version of the code and Georgia's subsequent case for copyright infringement.
In AIA Validity Challenges, Patents Are Better Prior Art Than Printed Publications

Anyone other than the Patent Owner may request cancellation as unpatentable one or more claims of a U.S. patent in an Inter Partes Review proceeding. The America Invents Act, in 35 U.S.C. Section 311(b), provides that an IPR Petitioner may challenge patentability "only on a ground that could be raised under section [35 U.S.C Section] 102 (anticipation) or 103 (obviousness) and only on the basis of prior art consisting of patents or printed publications." In a Decision issued in Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039 (PTAB Dec. 20, 2019), the Precedential Opinion Panel of the USPTO's Patent Trial and Appeal Board has confirmed that an IPR Petitioner should preferentially base its patentability challenge on patents, rather than printed publications, whenever possible - even though the AIA makes no distinction between the two categories of prior art.


For your perusal, here is an overview of just some of the topics Osha Liang's Monthly Insights covered in 2019.

Austin    Boulder     Hangzhou     Houston     Paris    Tokyo      Washington, D.C.

Follow us on Twitter  View our profile on LinkedIn 

DISCLAIMER: This information is being provided to you as a service to our clients and those who elected to receive mailings from our firm. The information contained herein is intended for informational purposes only and should not be construed as legal advice. This newsletter does not create any form of attorney-client relationship with our firm or with any of our attorneys.