Use Of Journal Articles In Patent Applications Ruled Fair Use

By Ryan Davis (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...

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