High court spends snowy session hearing IP cases; a software dispute straddles line between compatibility and innovation. And should patent cases go to jury trials?

Article Abstract:

The US Supreme Court on Jan 8 considered two intellectual property cases widely thought to have profound implications. Lotus v Borland concerns the limits of copyright protection in the software industry and ultimately the law on developing product compatibility, while Markman v Westview involves the right to a jury trial in patent construction claims. Observers said the justices appeared to seek a merger case intepretation in the Borland case, in which an expression indistinguishable from an idea is not protectable.

Software, Copyright, Copyrights

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Jack Brown is 70 and kicking; IP master says the loss to Microsoft was not his swan song

Article Abstract:

Jack E. Brown of Phoenix, AZ's Brown and Bain is unfazed by his loss as Apple Corp's lawyer in Apple's attempt to have courts declare Microsoft Corp and Hewlett Packard Corp guilty of copyright infringement in their use of Apple's graphical user interface. Brown blames a pre-existing license agreement which contained many of the elements of the court case, and Apple General Counsel Edward B. Stead agrees with him. Brown professes to be discouraged at judicial failure to use copyright law to protect software.

Officials and employees, Attorneys, Practice, Legal specialization, Brown, Jack E., Brown & Bain P.A.

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Federal Circuit judged flawed; IP lawyers say court's factionalism breeds inconsistent rulings

Article Abstract:

The US Court of Appeals for the Federal Circuit has assumed prominence due to US dependence on technological innovation, but some members of the intellectual property bar accuse the court of unpredictability, listing deep divisions on basic patent doctrine, a historic and continuing bias favoring patent-holders and often panel-dependent results. Alternatives under discussion include expanding the Federal Circuit's intellectual property jurisdiction to include copyright law.

Laws, regulations and rules, United States. Court of Appeals for the Federal Circuit

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