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Christopher DiLeo

As seen in: JD Supra, Association of Corporate Counsel (ACC)
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Articles by Christopher DiLeo

How to Help Marketing Clear the IP Hurdle

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By Barry Benjamin, Christopher DiLeo, Mike O’Neill, John Bush
| Association of Corporate Counsel (ACC) Verified
Original artwork by Bussolati.com Medium matters. The speed of social media is double-edged; infringement may be noticed immediately, but it’s also easy to delete a post. Copyright clearance. Consider who owns the copyright in the work, the type of work, and whether it incorporates third-party materials. Trademark clearance. Identify all trademarks used in the work, including word marks, service marks, and any other distinctive name. Celebrity clearance.
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Searching for How: The Federal Circuit’s Continued Quest under Alice

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By Christopher DiLeo, Derek Abeyta
| JD Supra
On October 16, 2017, the Federal Circuit affirmed the district court’s ruling that the claims in Secured Mail Solutions LLC, v. Universal Wilde, Inc. (“Secured Mail”) were directed to patent-ineligible subject matter under 35 U.S.C. § 101. This ruling provides another data point as to what level of concreteness and specificity courts should consider when analyzing patent-eligibility questions under § 101.
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Interplay Between “Technological Invention” and “Significantly More” in PTAB CBM Review

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By Christopher DiLeo, Robert Ernest Hilton
| JD Supra
On July 18, 2017, the United States Patent and Trademark Office Patent Trial and Appeal Board (“PTAB”) instituted a covered business method (“CBM”) patent review for U.S. Patent No. 8,955,029 (“the ’029 patent”) on grounds of unpatentability under 35 U.S.C. § 101.[1] The ’029 patent is directed to “renting or purchasing data products for immediate, on-demand delivery, which may be formatted and transferred to a portable medium for use in any existing playback device.”[2] Independent Claim 35...
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Analogous Analysis: A Survey of Recent PTAB Decisions Establishing Subject Matter Patent Eligibility | JD Supra

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By Christopher DiLeo, Lauren Hockett
| JD Supra
In 2014, the U.S. Supreme Court established the current framework for determining patent-eligible subject matter in Alice[1]. The Alice framework is a two-part test, with step one requiring a determination regarding whether a claim is directed to an abstract idea. If not, the claim is patent-eligible.
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