Title: Recent Developments in Intellectual Property Law - A 2014 Retrospective
Abstract: TABLE OF CONTENTS INTRODUCTION I. COPYRIGHT LAW II. PATENT LAW A. New USPTO Procedures B. Fee Shifting C. Eligibility of Software D. Bad Faith Demand Letters III. TRADEMARK LAW IV. TRADE SECRET LAw V. A BRIEF LOOK AT 2015 CONCLUSION INTRODUCTION Intellectual property law has seen dynamic changes in recent months in all four of its primary areas--copyright, patent, trademark, and trade secret law. Indeed, courts and legislatures made, or are considering making, significant decisions affecting both fundamental aspects of the law in these areas and particular doctrines important to unique situations, all of which deserve close analysis and appreciation. This essay will highlight developments in all four of the primary areas of intellectual property law. With respect to copyright law, it will consider the Supreme Court's recent decision in American Broadcasting Cos. v. Aereo, Inc., (1) one of the most watched copyright cases since the Supreme Court recognized the time-shifting fair-use defense associated with use of videocassette recorders. (2) In the area of patent law, this essay will highlight four developments: (1) new procedures used by the United States Patent and Trademark Office (USPTO) to reconsider the validity of issued patents; (2) two Supreme Court decisions affecting fee-shifting in patent-infringement litigation; (3) the Supreme Court's decision in Alice Corp. v. CLS Bank International (3) on the issue of the eligibility of computer software for patenting; and (4) new approaches for dealing with so-called bad-faith patent-license demand letters. (4) Related to trademark law, this essay will examine a decision that garnered significant attention in the media: the USPTO's cancellation of several Washington Redskins trademark registrations. (5) In relation to trade secret law, this essay will consider two recent developments: (1) Texas's recent enactment of the Texas Uniform Trade Secrets Act; (6) and (2) federal legislation seeking to create a federal cause of action for trade secret misappropriation. (7) Finally, this essay will take a brief look at developments in intellectual property law in 2015. (8) I. COPYRIGHT LAW From the perspective of copyright law, one of the most significant, recent developments was the Supreme Court's decision in American Broadcasting Cos. v. Aereo, Inc. (9) In it, the Supreme Court held that the plaintiffs were entitled to a preliminary injunction prohibiting Aereo from rebroadcasting copyrighted television shows. (10) To understand the significance of the Supreme Court's decision, it is important to understand Aereo's technology. Television broadcasters transmit television signals, now in digital form, over the air. Aereo set up banks of tiny digital antennas to receive those signals, and Aereo would allow its customers to rent individual antennas and to receive, over the Internet, retransmissions of the signals those antennas received. (12) As a result, Aereo's customers could view broadcasted television shows on their own non-television devices using the Internet, such as wireless devices or wired computers. (13) Aereo did not pay the broadcasting companies for these retransmissions, even though the television shows were copyrighted. (14) Aereo, however, did charge its customers for providing its services. (15) In response to the plaintiffs' argument that they were entitled to a preliminary injunction due to Aereo's infringement of their copyrights, Aereo argued that it was not infringing because there was no public performance of the copyrighted works. (16) The district court denied the plaintiffs' motion for a preliminary injunction, finding that the plaintiffs had no likelihood of success on the merits because there was no public performance. (17) This holding rested on three main subsidiary factual findings. First, Aereo's system created a unique, separate copy of each television show for every user. …
Publication Year: 2015
Publication Date: 2015-07-01
Language: en
Type: article
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