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Photographers –Computer Service Providers

The display of “thumbnail” versions of copyrighted photographs by Google’s image search engine constituted direct copyright infringement, but avoided liability because it was a fair use under the Copyright Act due to its highly transformative nature (i.e., served a function different from that of the original images and one of great public benefit).

Perfect 10 Inc. v., Inc., 487 F.3d 701 (9th Cir. 2007)





Business Method Patent Applications - Federal Circuit -  In re Bilski

The Federal Circuit’s en banc decision that clarified the standards of patentability of claims in a patent application that are directed to “business methods.”  The Federal Circuit confirmed that business methods remain patentable, but are subject to the “machine-or-transformation” test adopted by the US Supreme Court.



USPTO – Obviousness

Examination Guidelines for Determining Obviousness under 35 USC 103 in view of the Supreme Court’s Decision in KSR International Co. v. Teleflex, Inc.



US Supreme Court - Obviousness Test

The decision by the Supreme Court of the United States that pared back the Federal Circuit’s TSM test and outlined an inventive step test for determining obviousness.



Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition: A Report Issued By the U.S. Department of Justice and the Federal Trade Commission (April 2007)





Legal Documents

Finding and removing metadata (hidden information) in your legal documents


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