News

  • Empire TV Show Survives Copyright Suit

    September 18, 2018

    The United States Court of Appeals for the Third Circuit held that there is no substantial similarity between the Fox network’s hit drama “Empire” and actor and producer Clayton Prince Tanksley’s pilot for “Cream.”
  • Real Estate Pricing System Ineligible for Patent Protection​

    September 18, 2018

    The Court of Appeals for the Federal Circuit held that a computer system for creating and maintaining a massive database for the value of homes and displaying it on an online map is ineligible for patent protection.
  • David Ruschke to Become Senior Advisor to Patents

    September 2, 2018

    USPTO Patent Trial and Appeal Board (PTAB) Chief Judge David P. Ruschke is stepping down from his current role on September 2, 2018, to accept a new position as Senior Advisor to Patents, according to the USPTO.
  • Fees ​USPTO May Not Collect Attorneys’ Fees in Section 145 Actions​

    July 30, 2018

    The U.S. Patent and Trademark Office is not entitled to an award of attorneys' fees under the statutory language in 35 U.S.C. 145 stating that "[a]ll the expenses of the proceedings shall be paid by the applicant," the en banc Federal Circuit held July 27, 2018 in a 7-4 decision. Nantkwest, Inc. v. Iancu, Fed. Cir., No. 16-1794, 7/27/2018.
  • Ocean Surveying Lost Foreign Profits May Be Recovered For Section 271(f)(2) Infringement

    June 22, 2018

    Section 284 of the Patent Act permits an award of foreign lost profits as well as damages for infringement under Section 271(f)(2) by supplying components of a patented invention overseas for assembly there, the Supreme Court held June 22, 2018. WesternGeco LLC v. Ion Geophysical Corp., U.S., No. 16-1011, 6/22/2018. The ruling is consistent with an AIPLA amicus brief filed in this case.