Publishers Blast Ruling Allowing Journal Use In Patent Apps

Law360, New York (August 14, 2013, 8:06 PM EDT) -- Two academic publishers asked a judge Tuesday to reject a magistrate's finding that it is fair use for Schwegman Lundberg & Woessner PA and other firms to use copyrighted journal articles when preparing patent applications, saying that the ruling "rests upon several significant legal errors."

The American Institute of Physics and John Wiley & Sons Inc. said that U.S. Magistrate Judge Jeffrey J. Keyes's July 30 recommendation that Schwegman be granted summary judgment in the publishers' copyright suit used the wrong standard for determining fair use. ...
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