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Data Transfers from EU to US “unlawful”; EU Signals Enforcement Actions Possible After January, 2016

Data Transfers from EU to US “unlawful”; EU Signals Enforcement Actions Possible After January, 2016

The re-posting of this article is part of a cross-posting agreement with CyberLex. On Friday, October 16, 2015, the Article 29 Working Party (“WP29”) released a statement on the decision of the Court of Justice of the European Union (“CJEU”) in the case Schrems v Data Protection Commissioner (C-362-14), the landmark decision which invalidated the […]

The View Ahead for Software Patent Applications: USPTO Releases Update to Guidance on Patent Subject Matter Eligibility

The View Ahead for Software Patent Applications: USPTO Releases Update to Guidance on Patent Subject Matter Eligibility

This article is cross-posted with permission from Bereskin & Parr. The United States Patent and Trademarks Office (USPTO) has released an updated set of Eligibility Examination Guidelines to provide guidance to examiners on when to reject claimed inventions as ineligible abstract ideas. These guidelines give a sense of what computer-implemented subject matter the USPTO considers […]

IP Osgoode Speaks Series featuring John Weigelt: Adjusting to the Changed Frame of Reference of our Technology Enabled World

IP Osgoode Speaks Series featuring John Weigelt: Adjusting to the Changed Frame of Reference of our Technology Enabled World

March 11, 1876. December 18, 1903. July 21st, 1969. These are the dates that John Weigelt — the National Technology Officer for Microsoft Canada — used to provide scale in his recent IP Osgoode Speaks Series presentation: Adjusting to the Changed Frame of Reference of our Technology Enabled World.

H&M sues Forever 21? Beach Please!

H&M sues Forever 21? Beach Please!

In an interesting twist, arguably the two most common fashion design piracy defendants are pitted against each other. H & M Hennes & Mauritz AB (“H&M”) has issued a complaint against Forever 21, Inc., in the US District Court Southern District of New York. Below is a comparative image of the tote bags at issue:

Internet service providers liability and copyright protection in the EU

Internet service providers liability and copyright protection in the EU

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.   Which is the legal framework surrounding Internet Service Providers (ISPs) in the EU, when it comes to copyright protection? The following article analyses the importance of ISPs in the enforcement of […]

Means for Invalidating a Patent: Lessons from the Eon Corp v. AT&T Decision

Means for Invalidating a Patent: Lessons from the Eon Corp v. AT&T Decision

This article is cross-posted with permission from Bereskin & Parr. It is very important to provide adequate disclosure when using “means-plus-function” claims in a U.S. patent, particularly in the field of software. “Means-plus-function” claims include elements that are defined in a functional (as opposed to structural) manner, such as “means for tying a shoe”, and […]