Joe Meckes

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Ninth Circuit: Under the “Asserted Truth Doctrine” (f/k/a “Copyright Estoppel”) Authors of Nonfiction Cannot Later Claim a Work is Fictional to Pursue a Copyright Case

In an opinion that will be of particular interest to writers, the Ninth Circuit has confirmed that authors of non-fiction works cannot later claim that elements of their work were, in fact, fictional in order to extend the scope of copyright protection. The plaintiff in Corbello v. Valli et al., Case No. 17-16337 (9th Cir., … Continue Reading

Theranos and the “Broken” Patent System

ArsTechnica published an excellent piece on how the United States’ “broken” patent system permitted Theranos to obtain hundreds of patents for technology that did not work and did not meet the “enablement” requirement of 35 U.S.C. section 112.  According to author Daniel Nazer, the USPTO did virtually nothing to ensure that Theranos’ technology had been … Continue Reading

Supreme Court Clarifies That, Yes, You Have to Register Your Copyright, and No, You Cannot Recover Your Expert Witness Fees in Copyright Cases

In a pair of unanimous rulings on March 4, 2019, the Supreme Court clarified (1) that the U.S. Copyright Office must issue a registration certificate before a plaintiff can commence suit and (2) that a prevailing plaintiff cannot recover fees for expert witnesses, jury consultants or other “costs” that are not specifically called for in … Continue Reading

The Standard Remains the Same: Supreme Court Confirms PTAB Claims Construction Rules

The United States Supreme Court today unanimously decided to permit the Patent Trial and Appeal Board (“PTAB”) to continue using a tougher standard for claims construction than the standard applied in litigation. In Cuozzo Speed Technologies LLC v. Lee, the Court ruled that the PTAB’s application of the so-called “broadest reasonable interpretation” standard was consistent … Continue Reading

Excellent Summary of the FCC’s Net Neutrality Order

With much publicity, the FCC recently released its Open Internet Order laying out the its revised net neutrality rules.  In an historic change of position, the Order, among other things, (1) reclassifies retail broadband internet access as subject to “common carrier” regulations, (2) imposes prohibits from giving preferred customers a “fast lane” to end-user customers, … Continue Reading

White House Announces Initiatives to Improve U.S. Patent System

As part of its initiative to make a difference through executive action (as opposed to going through Congress), the White House announced last week that it would implement several initiatives “designed to combat patent trolls and further strengthen our patent system and foster innovation.   These include (1) “promoting transparency” in the Patent and Trademark office … Continue Reading

Supreme Court Asks Solicitor General to Weigh in on Patent Extraterritoriality; Cert Seems More Likely

A case involving the extraterritorial application of the United States patent laws got a little closer to review by the United States Supreme Court today when the Court requested the Solicitor General weigh in on the issues presented.   In Maersk Drilling USA, Inc. v. Transocean Offshore Deepwater Drilling, Inc. Case No.  13-43, the petitioner is … Continue Reading

FBI Shuts Down “Silk Road” Website; Arrests “Dread Pirate Roberts”

October 2, 2013:  Despite the government shut down, the FBI today shut down the infamous “Silk Road” website and arrested a San Francisco resident alleged to be the site’s administrator the “Dread Pirate Roberts.”  Silk Road has become renowned in recent years as an anonymous website used for trafficking in illicit substances and pirated goods … Continue Reading
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