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Articles by Jonathan Stroud

Jonathan Stroud is a 3L in the Washington College of Law evening section, class of 2013. He graduated from Tulane University in 2004 with a B.S. in Biomedical Engineering and from the University of Southern California Annenberg School of Communication in 2006 with M.A. in Journalism. He works full time, is a blogger for the IP Brief, the Senior Symposium Editor for the Administrative Law Review, a Problem Writer for the Moot Court team, a Dean's Fellow for Professor Popper, and a Gillett-Mussey Fellow. He is interested in the ongoing implementation of the America Invents Act, patent litigation, ITC litigation, biotechnology, medical device regulation, FDA law, women's rights, and tort law. The views as posted here are his own, and are written in his capacity as a law student.

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent
May 9, 2012 – 7:28 PM | 5254One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F05%2F09%2Fthe-federal-circuit-defers-to-the-lower-court-invalidates-social-networking-patent%2FThe+Federal+Circuit+Defers+to+the+Lower+Court%2C+Invalidates+Social+Networking+Patent2012-05-09+23%3A28%3A05Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5254
The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

Prometheus-Unbound: Is the Federal Circuit Already Firing Back With Cyclopenzaprine?
April 18, 2012 – 9:37 AM | 51694 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F18%2Fprometheus-unbound-is-the-federal-circuit-already-firing-back-with-cyclopenzaprine%2FPrometheus-Unbound%3A++Is+the+Federal+Circuit+Already+Firing+Back+With+Cyclopenzaprine%3F+2012-04-18+13%3A37%3A13Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5169
Prometheus-Unbound:  Is the Federal Circuit Already Firing Back With Cyclopenzaprine?

Last month, the Supreme Court unanimously threw a wrench into the gears of straightforward § 101 patentability analysis by concluding in Mayo Collaborative Services v. Prometheus Laboratories, Inc.  that an abstract idea—like the pharmacokinetic relationship …

Pay-for-Delay Settlements: When Patent Principles Trump Antitrust Concerns . . . And Should They?
November 14, 2011 – 5:01 PM | 4393One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F11%2F14%2Fpay-for-delay-settlements-when-patent-principles-trump-antitrust-concerns-and-should-they%2FPay-for-Delay+Settlements%3A+When+Patent+Principles+Trump+Antitrust+Concerns+.+.+.+And+Should+They%3F2011-11-14+22%3A01%3A22Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4393
Pay-for-Delay Settlements: When Patent Principles Trump Antitrust Concerns . . . And Should They?

Pay-for-delay lives on.  According to the Blog of Legal Times, ethically questionable settlement agreements between generic and brand-name pharmaceutical companies, or “pay-for-delay” settlements, are alive and well.  What is fascinating is that these deals would …

Prometheus, Patentability, and Progress
November 4, 2011 – 6:00 AM | 4316No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F11%2F04%2Fprometheus-patentability-and-progress%2FPrometheus%2C+Patentability%2C+and+Progress2011-11-04+10%3A00%3A18Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4316
Prometheus, Patentability, and Progress

“Few have questioned the wisdom of [§ 101 subject matter challenges], despite the metaphysical gauntlets it has visited upon the learned members of the courts, and the sometimes eccentric results of its application.”
The Supreme Court …

Reaching Into China: Federal Circuit Upholds ITC’s “Extraterritorial” Trade Secret Ruling
October 13, 2011 – 1:37 PM | 41423 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F13%2Freaching-into-china-federal-circuit-upholds-itc%25e2%2580%2599s-%25e2%2580%259cextraterritorial%25e2%2580%259d-trade-secret-ruling%2FReaching+Into+China%3A+Federal+Circuit+Upholds+ITC%E2%80%99s+%E2%80%9CExtraterritorial%E2%80%9D+Trade+Secret+Ruling2011-10-13+17%3A37%3A33Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4142
Reaching Into China: Federal Circuit Upholds ITC’s “Extraterritorial” Trade Secret Ruling

Importers from China beware: if the company you are importing from violated U.S. trade secret laws, the U.S. could turn your goods away at the border, regardless of whether the product itself violates any laws.  …

Click on, Amazon: Online Retailer Wins 1-Click Infringement Appeal
September 28, 2011 – 7:32 AM | 40543 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F28%2Fclick-on-amazon-online-retailer-wins-1-click-infringement-appeal%2FClick+on%2C+Amazon%3A+Online+Retailer+Wins+1-Click+Infringement+Appeal2011-09-28+11%3A32%3A37Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4054
Click on, Amazon: Online Retailer Wins 1-Click Infringement Appeal

In an appeal from a complex lower-court decision finding Amazon.com was infringing with its online checkout system, the Federal Circuit ruled that Amazon infringed but that the challenging patent was invalid, in a ruling that …

Another Day, Another Nail in the § 101 Coffin: Internet-Advertising Patent Subject Matter Challenge Falls Flat
September 21, 2011 – 8:00 AM | 40034 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F21%2Fanother-day-another-nail-in-the-%25c2%25a7-101-coffin-internet-advertising-patent-subject-matter-challenge-falls-flat%2FAnother+Day%2C+Another+Nail+in+the+%C2%A7+101+Coffin%3A+Internet-Advertising+Patent+Subject+Matter+Challenge+Falls+Flat2011-09-21+12%3A00%3A25Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4003
Another Day, Another Nail in the § 101 Coffin: Internet-Advertising Patent Subject Matter Challenge Falls Flat

In a case that could have huge financial repercussions for Internet services like Spotify, Hulu, Pandora, Kindle, and other Internet content providers, the Federal Circuit upheld a patent to a business method of providing copyrighted …

Chief Judge Rader Issues Stern Rebuke to Patent Bar Over § 101 Challenges
September 9, 2011 – 8:00 AM | 39402 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F09%2Fchief-judge-rader-issues-stern-rebuke-to-patent-bar-over-%25c2%25a7-101-challenges%2FChief+Judge+Rader+Issues+Stern+Rebuke+to+Patent+Bar+Over+%C2%A7+101+Challenges2011-09-09+12%3A00%3A36Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3940
Chief Judge Rader Issues Stern Rebuke to Patent Bar Over § 101 Challenges

In Classen Immunotherapies, Inc. v. Biogen Idec,[1] released August 31, 2011, the Federal Circuit sent the clearest message to the patent bar yet:  Stop wasting our time with § 101 subject-matter challenges.
The case, which was on …

Guest Post: A Myriad of Reasons: The Federal Circuit Soundly Rejects the Government’s “Magic Microscope” Test and Upholds Patentability for Isolated Human Gene Patents
August 24, 2011 – 4:30 PM | 38263 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F24%2Fguest-post-a-myriad-of-reasons-the-federal-circuit-soundly-rejects-the-government%25e2%2580%2599s-%25e2%2580%259cmagic-microscope%25e2%2580%259d-test-and-upholds-patentability-for-isolated-human-gene-patents%2FGuest+Post%3A+A+Myriad+of+Reasons%3A++The+Federal+Circuit+Soundly+Rejects+the+Government%E2%80%99s+%E2%80%9CMagic+Microscope%E2%80%9D+Test+and+Upholds+Patentability+for+Isolated+Human+Gene+Patents2011-08-24+20%3A30%3A13Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3826
Guest Post: A Myriad of Reasons:  The Federal Circuit Soundly Rejects the Government’s “Magic Microscope” Test and Upholds Patentability for Isolated Human Gene Patents

The Federal Circuit’s 2-1 Myriad decision upholding the patentability of isolated human genes represents sound judgment and takes into account the well-settled expectations of the parties affected by the ruling.

Myriad Madness – How the Department of Justice is Working Counter to U.S. Interests
February 22, 2011 – 7:00 AM | 24327 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F02%2F22%2Fmyriad-madness-%25e2%2580%2593-how-the-department-of-justice-is-working-counter-to-u-s-interests%2FMyriad+Madness+%E2%80%93+How+the+Department+of+Justice+is+Working+Counter+to+U.S.+Interests2011-02-22+12%3A00%3A00Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D2432
Myriad Madness – How the Department of Justice is Working Counter to U.S. Interests

Let the infighting begin.
In a letter to the Federal Circuit last Thursday, the Acting Solicitor General (ASG) personally requested that he be allowed to present a third set of oral arguments on the government’s behalf …

Page 1 of 212

Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

More articles »

Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

More articles »

Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

More articles »

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