News & Publications

Under § 365 of the Bankruptcy Code, a debtor-licensor's "rejection" of a contract operated as a breach of the contract and not as a rescission, the Supreme Court held May 20, 2019. Mission Product Holdings Inc. v. Tempnology, LLC, US, No. 17-1657, 5/22/2019.

The United States Court of Appeals for the Federal Circuit on May 13, 2019, held that AVX Corp., a manufacturer of electronic components, did not have standing to challenge the Patent Trial and Appeal Board's (PTAB) decision not to invalidate a competitor’s patent. AVX Corp. v. Presidio Components, Inc., Fed. Cir., No. 2018-1106, 5/13/19.

The United States Court of Appeals for the Federal Circuit on May 15, 2019, invalidated two of Horizon Therapeutics PLC’s patents for arthritis pain reliever drug Vimovo.

The United States Court of Appeals for the Federal Circuit (Federal Circuit) on May 9, 2019, affirmed an International Trade Commission (Commission) finding that “Swagway” hoverboards infringed Segway Inc.'s trademarks. Swagway, LLC v. Int’l Trade Comm’n, Fed. Cir., No. 18-1672, 5/9/19.

The United States Patent and Trademark Office (USPTO) on May 9, 2019, issued a notice concerning modifying its patent term adjustment procedures in view of the decision by the US Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus).

The United States Trade Representative on May 9, 2019, issued a notice that it is modifying the action being taken in its Section 301 investigation into China’s policies and practices related to technology transfer, intellectual property, and innovation. 84 Fed. Reg. 20459.

The United States Court of Appeals for the Second Circuit on May 1, 2019, upheld an arbitration award in a trademark dispute over the use of the mark “Bobov” within a Hasidic Jewish community. Landau v. Eisenberg, 2d Cir., No. 17-3963, 5/1/19.

The Court of Appeals for the Ninth Circuit on May 2, 2019, upheld the dismissal of Media Rights Technologies Inc.’s (MRT) copyright infringement claims against Microsoft Corp., ruling that MRT should have raised the claims in its 2013 patent infringement suit against Microsoft.

The Court of Appeals for the Federal Circuit on April 17, 2019, affirmed a district court’s ruling that Unifrax I LLC, a global specialty fibers company, infringed DuPont’s patent for materials in thermal-acoustic blankets that are installed in airplanes. E.I. du Pont de Nemours and Company v. Unifrax I LLC, Fed. Cir., No. 17-2575.

The United States Court of Appeals for the Fourth Circuit on April 26, 2019, reversed and remanded a “fair use” copyright decision, holding that Violent Hues’s unlicensed use of a commercial photographer’s photograph on their website failed all four factors of the fair use defense.