Use Of Journal Articles In Patent Applications Ruled Fair Use

Law360, New York (July 31, 2013, 8:40 PM EDT) -- It is fair use for law firms to use copyrighted journal articles when preparing patent applications, a federal magistrate judge said Tuesday, recommending that an infringement suit against Schwegman Lundberg & Woessner PA by two academic publishers be dismissed.

U.S. Magistrate Judge Jeffrey J. Keyes issued a report and recommendation stating that the firm should not be held liable for making internal copies of scientific articles published by the the American Institute of Physics and John Wiley & Sons Inc.

The firm's reproduction and distribution of the articles as part of its research into patent applications for clients is fair use...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!