UPC Will Hear Noninfringement Claim to Pre-Issue Patent; DEFEND IP Act Introduced to Target Foreign Piracy Sites; and Judge Rogers Dissents from D.C. Circuit's Royalty Allocation Ruling

UPC Court of Appeal ruled it has jurisdiction to hear noninfringement challenges on pre-issue patents in Sidel case, potentially opening door to more such challenges. D.C. Circuit vacated Copyright Royalty Board's statutory license royalty allocation ruling, with Judge Rogers dissenting that the panel's resolution was premature. Third Circuit affirmed dismissal of copyright claim over copied machine learning curriculum, finding no material appropriation. Federal Circuit reversed patent eligibility finding for profitability-calculation claims under Alice framework.