News & Publications

The USPTO on April 16, 2019, designated three PTAB decisions as precedential.

The Supreme Court on April 15, 2019, heard oral argument in the Brunetti case on whether the statutory ban on registering “immoral ... or scandalous” trademarks violates the First Amendment. Iancu v. Brunetti, U.S., No. 18-302, oral argument 4/15/2019.

The US Patent and Trademark Office will begin hosting free seminars on protecting your IP in China. The new series of road shows will be geared towards businesses, individuals, and attorneys looking to hear about strategies for better protecting intellectual property in China.

The United States District Court for the Southern District of Ohio on April 1, 2019, held that Redbubble, Inc. was not liable for direct infringement of several of Ohio State University’s trademarks. The Ohio State Univ. v. Redbubble Inc., S.D. Ohio, No. 17-cv-1092, 3/29/19.

A website for goods that lacks any ordering information such as cost, payment options, minimum quantities, and shipping information is insufficient proof of the goods’ use in commerce when applying for trademark registration, the US Court of Appeals for the Federal Circuit held on April 10, 2019. In Re: Siny Corp., Fed. Cir., No. 2018-1077, 1/14/19.

The US Court of Appeals for the Federal Circuit on April 8, 2019, upheld the validity of Omega Patents, LLC’s remote vehicle control patents, but, ordered a new trial on whether Cal Amp Corp. induced infringement. Omega Patents, LLC v. CalAmp Corp., Fed. Cir., No. 2018-1309, 4/8/19.

The PTAB on April 5, 2019, designated as precedential Huawei Device Co., Ltd. v. Optis Cellular Technology, LLC, Case IPR2018-00816 (PTAB Jan. 8, 2019) (Paper 19). The decision provides guidance as to the procedure for submitting new evidence with a rehearing request and explains that a party must show good cause for submitting new evidence.

The United States Patent & Trademark Office will host its next Patent Quality Chat webinar, entitled “New pilot program for motions to amend in AIA trial proceedings,” which will be broadcast on April 9, from noon to 1 p.m. ET.

Sovereign immunity bars a federal copyright infringement claim against a public hospital, the United States District Court for the Western District of Missouri ruled on March 7, 2019.

The US Court of Appeals for the Federal Circuit on April 1, 2019, held the Cleveland Clinic Foundation’s heart disease detection patent invalid because the claims of the patent were directed to a natural law and recited no other inventive concept.