Supreme Court Finds Fair Use In Google v. Oracle

Maier & Maier

Last week, the Supreme Court issued their long awaited and highly anticipated decision in Google v. Oracle, which had been pending for a decade. In the 6-2 decision for Google, the Court ruled that Google’s use of Oracle’s code was Fair Use, reversing the Federal Circuit’s decision and allowing Google to escape the infringement allegations by Oracle.

The Case

The case centered around the Android operating system designed by Google in their first foray into the smartphone arena. In the coding, Google used 11,000 lines of the Java SE platform coding for common interface commands. Oracle, the current owner of the Java SE platform, filed suit on the basis that the use of the lines constituted infringement. While a jury found them to be “fair use”, the Federal Circuit disagreed, reversing the decision, and leading the case to the Supreme Court.

The Court granted certiorari on the following two questions:

(1) Whether copyright protection extends to a software interface; and

(2) whether, as the jury found, the petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use.

The Decision

Oral Arguments were heard last fall, leading to the decision issued here. The decision was authored by Justice Breyer and joined by Justices Roberts, Gorsuch, Kavanaugh, Sotomayor, and Kagan. Justice Thomas was joined by Justice Alito in his dissenting opinion. Justice Barrett had not yet joined the Court and accordingly did not play a role in the case.

The majority did not rule on the first issue of whether copyright protection extends to software interface, opting instead to focus on the second issue, where they ruled with the jury that Google’s use of a software interface in creating a new computer program was fair use. This determination upheld Google’s infringement defense, and eliminated Oracle’s infringement claims and potential damages. By skipping to the second question on the assumption that the code was protectable, the Court arrived at the same result that would have come from their determination in the first issue.

In his dissent, Justice Thomas objected to this majority’s assumption of copyrightability and performed the full analysis. He concluded that it was copyrightable, but only because it was specifically limited to exact functions, not merely the abstract use of declaring code. Thomas then did his own Fair Use analysis, finding three of the four factors favored Oracle over Google, and believed this was not an example of Fair Use.

Conclusion

While there are considerable aspects of copyright law which may be affected by this decision, the impacts could have even broader implications. Despite the 6-2 split, all 8 of the Justices found compelling interests in the importance of IP protection for software. That shared belief could prove crucial if the Court is to take up the Abstract Idea §101 issue for patent law and its application to software interfaces and diagnostics.

If you have any questions about how this may affect your IP interests, please reach out to an attorney here.

Maier & Maier Helps Cigar Reserve LLC Settle Southern District of Indiana Patent Litigation

Maier & Maier

The Maier & Maier litigation team recently secured the dismissal of another patent infringement suit that had been brought against its client. Last month, District Judge Tanya Walton Pratt dismissed patent infringement claims brought by Plaintiff Thomas A. Person against Cigar Reserve LLC and its owners, Brian and Chanda Kurland.

In October 2020, Mr. Person filed a Complaint in the Southern District of Indiana alleging infringement of two patents relating to cigar spills. The first was a utility patent, U.S. Pat. No. 8,507,070, entitled “Cedar spill,” and the second was a design patent, U.S. Pat. D664,292 entitled “Cedar Spill for a Cigar.” The complaint demanded trebled damages along with injunctive relief from Cigar Reserve and the Kurlands.

The Maier & Maier litigation team was able to defend Cigar Reserve and its owners from the Plaintiff’s demands and helped them come to a favorable resolution of the case. Cigar Reserve joins Maier & Maier’s constantly growing list of happy clients that have obtained favorable rulings thanks to the firm’s team of expert patent litigators that litigate at cost effective and efficient rates.

With another resolution for their client, Maier & Maier continues its string of successful representations in contentious matters, earning favorable results in district court, at the PTAB, and before the ITC. If you or your company need similar assistance, please contact Maier & Maier’s litigation team here.

Maier & Maier Earns Dismissal for iSonic, Inc.

Maier & Maier

Last month, the Maier & Maier litigation team earned the dismissal of Lander Enterprises, LLC’s allegations of patent infringement against client iSonic, Inc. iSonic runs different online stores selling various innovative oral hygiene tools across the country and was targeted by competitor Lander Enterprises, LLC over one of its product offerings.

In the November 2020 Complaint filed in the District of Connecticut, Lander Enterprises, LLC alleged that iSonic infringed their design patent and trade dress for a “child’s automatic toothbrush” (D887,146). The Plaintiff sought to recover punitive trebled damages and an injunction against iSonic.

Maier & Maier helped iSonic avoid the Plaintiff’s costly demands by resolving the matter quickly, only a few months after the original filing, without having to respond to the Complaint. By resolving the case, Maier & Maier’s patent litigation expertise helped iSonic prevent costly and lengthy litigation. iSonic joins Maier & Maier’s constantly growing list of happy clients who have obtained favorable rulings thanks to the firm’s team of expert patent litigators that litigate at cost effective and efficient rates.

With the resolution, Maier & Maier continues a strong run of success in contentious matters, earning favorable results for their clients in district court, at the PTAB, and before the ITC. If you or your company need similar assistance, please contact Maier & Maier’s litigation team here.

USPTO Hosts Women’s Entrepreneurship Symposium

Maier & Maier

On March 31st, the conclusion of Women’s History Month, the USPTO concluded its annual Women’s Entrepreneurship Symposium. Each year since 2011, the USPTO has honored diverse panels of successful women innovators, notable inventors, and experts and welcomed them to share their stories of overcoming adversity on their way to success.

As part of the symposium, the USPTO highlights important subjects, issues, and solutions including the expansion of roles for women and other underrepresented groups in STEM, innovation, and economic growth

The final panel included Janeya Griffin, Founder and CEO, The Commercializer; Rea Huntley, Founder and CEO, Lavii INC; and Sarah Gibson Tuttle, Founder and CEO, Oliver and June. Together, they discussed the importance of protecting your IP assets, the ways they identify those assets and opportunities for growth, and other such strategies that have keyed their success in todays business climate.

Maier & Maier makes concerted and consistent efforts to promote the growing role of women and minorities, and assist those clients in overcoming the challenges they face in the world of IP. If you need such assistance, we urge you to reach out to us here,so we may continue to do our part as the USPTO continues to strive towards equality and an equitable future for innovation.

Patent Filings Hint At Major Role For Small Modular Reactors In The Future Of The Energy Sector

Maier & Maier

As part of Maier & Maier’s ongoing commitment towards serving all of our clients IP needs, we routinely provide research and analysis for Business Intelligence. A major component of these services is surveying the IP Landscape for clients to help clients make informed decisions and to develop a strategic IP Plan. Recently, the team analyzed the patent landscape of Small Modular Reactors (“SMR”). In this report, we provide an overview of the current SMR landscape, with an eye towards where it may be heading moving forward over the next two decades.

Maier & Maier PLLC_SMR Patent Landscape_Spring 2021

Generally, our analyses are wide ranging and can isolate a variety of trends and insight. Some examples might help identify adjacent industries operating similar technologies, and overlooked weaknesses, protections, and competitors which could stifle your IP goals. Our analytics capabilities can also identify key IP competitors and show “White Spaces” and “Black Spaces” in a technological field. White Spaces have low competition, meaning that a good IP Plan can include filing broad claims for maximum scope of coverage or multiple aggressive filings to fill and dominate the space. “Black Spaces” are congested and should be closely watched to avoid liabilities in planning and inefficient prosecution in light of the potential prior art. Depending on a client’s individual concerns or needs, we will tailor our focus towards addressing those with key takeaways to help them find the right path moving forward.

If this report or similar questions about another industry are of interest to you, please consult one of our attorneys to leverage our cutting edge data analysis for your business and to maximize your IP investments.

 

 

Maier & Maier Successfully Settles ITC & NDIL Litigation Filed By Juul Labs, Inc.

Maier & Maier

Last summer, Juul Labs, Inc. launched an extensive campaign trying to eliminate nearly 50 competitors in the vape industry by alleging design patent infringement at the International Trade Commission and in numerous parallel district court litigations. Among those targets was Vaperistas, LLC, an online company that offers a wide variety of vape products including e-juices, pods, and other related accessory vape items.

Juul sought injunctive relief and punitive trebled damages in the Northern District of Illinois litigation, which was stayed while the ITC Case proceeded. At the International Trade Commission, Juul asserted four design patents (U.S. Design Patent Nos. D842,536; D858,870; D858,869; and D858,868) against Vaperistas’ products.

After Vaperistas’ involvement in the ITC proceeding was terminated in late 2020, NDIL Judge John Robert Blakey followed suit in district court earlier this year. Vaperistas joins Maier & Maier’s constantly growing list of happy clients that have been able to settle cases thanks to Maier & Maier’s team of experienced patent litigators. Using Partner level litigators at reasonable billing rates has allowed the Firm’s clients to obtain favorable results in a cost effective manner.

Led by Founding Partner Timothy J. Maier, the Maier & Maier litigation team successfully defended Vaperistas in both the ITC and Northern District of Illinois parallel proceedings. Meanwhile, Juul tapped Quinn Emanuel, a big law competitor of Maier & Maier. With the favorable settlement against the high investment opposition, Maier & Maier helped Vaperistas defend the infringement allegations at a cost that was proportional to their exposure.

With the case complete, Maier & Maier continues its well-established track-record of litigation success in District Court, before the PTAB, and before the ITC. If you or your company need similar assistance, please contact Maier & Maier’s litigation team here.

Kunin: Arthrex & Click-To-Call Highlight Patent Law Cases in 2020

Maier & Maier

As 2020 comes to a close, leading IP experts are taking stock of the year that was and its effect on U.S. patent law. Among these expert opinions is Maier & Maier’s own Steve Kunin, who commented on two of the most significant patent cases this year in Arthrex, Inc. v. Smith & Nephew, Inc. and Thryv v. Click-to-Call.

Thryv v. Click-to-Call, 140 S. Ct. 1367 (April 20, 2020)

“The Supreme Court held that a PTAB determination of whether an IPR petition is timely under 35 U.S.C. § 315(b) cannot be judicially reviewed. The Court, in the majority opinion by Justice Ginsburg, held that § 315(b) time bar determinations are not appealable, vacated, and remanded with instructions for the Federal Circuit to dismiss for lack of jurisdiction. This decision reinforced the Congressional intent to provide the USPTO with broad discretion in making AIA trial institution decisions.”

Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), reh’g denied, 953 F.3d 760 (March 23, 2020

“The Federal Circuit held that USPTO APJs were unconstitutionally appointed under the Appointments Clause. The judges are not “inferior officers” and should have been appointed by the President and confirmed by the Senate. The Court then “fixed” the problem by stripping out the civil servant protections set forth in 5 U.S.C. that prevented the judges from being fired without cause. The case is now before the Supreme Court on certiorari. If the Federal Circuit’s decision is not reversed it will require Congress to enact legislation to correct the problem. The U.S. Government’s position is predicated on the finding that APJs are inferior officers that have been duly appointed.”

As Arthrex is pending before the Supreme court, it may be one of the most influential in 2021 as well. For more commentary on the year in review, see the full article here.

Maier & Maier Named As Best Firm By U.S. News and World Report and Best Lawyers Magazine

Maier & Maier

U.S. News & World Report and Best Lawyers magazine has named it’s 2021 Best Law Firms, and named Maier & Maier among the best in the field.

Maier & Maier was named for its excellence in patent law in Washington, D.C. The firm prides itself on providing the highest possible service to each of its clients with a reknowned expertise for patents and intellectual property as a whole. The recognition comes after years of continued growth and success since its founding in 2006 by brothers, Tim and Chris Maier. The two have practiced for decades both at the USPTO as examiners and in private practice, giving them each unmatched expertise in the field.

The firm firm’s success comes in all facets of patent practice, with noted achievements in prosecution, litigation, and portfolio management. The firm successfully earns over a thousand granted patents for its varied and valued clients each year and prides itself on its corporate friendly and streamlined reporting systems. In the past year, the firm has been heavily involved in PTAB matters, both for petitioners and patent owners.  The firm successfully defended multiple patents from IPR petitions and challenged competitor patents for their clients.

This recognition for the firm comes after both Tim & Chris were recognized by IAM Patent 1000 as some of the most successful IP attorneys in the world, along with fellow Maier & Maier partner, Steven Kunin.

Maier & Maier Secures Sale for Client After Successfully Prosecuting Portfolio of Patents

Maier & Maier

Maier & Maier has officially secured a deal for its clients on a patent portfolio in the gas-flow technology field.

Maier & Maier successfully prosecuted the patent portfolio on behalf of the inventor. With the demonstrated high quality of Maier & Maier’s drafting and prosecution, the inventions drew interest from the purchaser. Maier & Maier was able to efficiently and effectively coordinate the sale transferring the portfolio.

The transaction is the latest example of the high quality service Maier & Maier provides our clients in all IP matters.

IAM Patent 1000 Recognizes Success of Maier & Maier Firm and Its Partners

Maier & Maier

The 2020 IAM Patent 1000 rankings were announced this week, and Maier & Maier was heavily featured among the highest-level experts in the patent field. Both founding partners Timothy and Christopher Maier were honored, along with renowned partner Stephen Kunin.

Per the IAM description honoring the firm, “Christopher Maier and Timothy Maier run a self-titled boutique in Alexandria that is steadily building on its reputation for quality in electrical engineering prosecution, post-grant proceedings and business-complementary counselling. Among their colleagues, Stephen Kunin is often called on to provide expert testimony on patent practice matters, in light of his experience and USPTO insight.”

This recognition comes with the firm’s continued success in both prosecution and litigation, along with any related IP needs its clients may have. The firm successfully earns over a thousand granted patents for its varied and valued clients each year and prides itself on its corporate friendly and streamlined reporting systems. In the past year, the firm has been heavily involved in PTAB matters, both for petitioners and patent owners. The firm successfully defended multiple patents from IPR petitions and challenged competitor patents for their clients.

Timothy Maier and Christopher Maier were all recognized for their success in the national patent law hub of the DC Metro Area, while Stephen Kunin was also listed among the Nationally recognized experts in the field.