Newsstand
Our daily update covering current events.
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Justices Hear Arguments Over Phone in Booking.com Trademark Case
May 5, 2020
On May 4, 2020, the tradition-bound Supreme Court head oral arguments by telephone for the first time in USPTO v. Booking.com B.V., a case about whether “Booking.com” and similar marks are entitled to federal trademark protection. -
8th Cir. Says Business Information Database Copyright Eligible
May 4, 2020
The US Court of Appeals for the Eight Circuit on April 27, 2020, affirmed a Nebraska federal jury’s award of over $11 million in a copyright dispute based on a database of business information. -
Quincy Bioscience’s Prevagen Trademark Win Upheld on Appeal
May 1, 2020
The Seventh Circuit on April 24, 2020, upheld Prevagen maker Quincy Bioscience Inc.'s trademark win over the unauthorized sale of its popular memory supplement by Ellishbooks Corp. -
Fed. Cir. Rejects Fishing Method Patent Application as Abstract
April 30, 2020
The US Court of Appeals for the Federal Circuit on April 24, 2020, affirmed the Patent Trial and Appeal Board’s (PTAB) rejection of a fishing patent application because the invention relies on an abstract idea. -
Dish, Sirius Get Chance at Attorneys’ Fees in Mooted Case
April 29, 2020
The Federal Circuit on April 21, 2020, vacated and remanded a district court ruling that denied Dish Network LLC and Sirius XM Radio Inc.’s motion for attorneys’ fees in a patent case. -
USPTO Says AI Can’t Be Named Inventor on Patent
April 28, 2020
The United States Patent and Trademark Office on April 27, 2020, published a petition decision explaining that, under current law, only natural persons may be named as an inventor in a patent application. -
Georgia Loses Annotated Code Copyright Battle at Supreme Court
April 27, 2020
Copyright protection does not extend to works produced by judges or legislators in the course of their official duties, the United States Supreme Court held on April 27, 2020. Georgia v. Public.Resource.Org, Inc., U.S., 18-1150. -
Spigen Cellphone Case-Design Patent Revived by Fed. Cir.
April 27, 2020
The US Court of Appeals for the Federal Circuit on April 17, 2020, held that a lower court erred when it invalidated three Spigen Korea Co. design patents covering cellphone cases. -
USPTO Releases Report on Patent Examination Outcomes After Alice
April 24, 2020
The report highlights how recent actions undertaken by the USPTO have brought greater predictability and certainty to the determination of patent eligibility in the technology areas most affected by the decision. -
Supreme Court Finds Willfulness Not Required for Trademark Profit Award
April 23, 2020
On April 23, 2020, the United States Supreme Court vacated and remanded the US Court of Appeals for the Federal Circuit's decision in Romag Fasteners, Inc. v. Fossil, Inc., No. 2018-2417 (Fed. Cir. 2019), ruling that a plaintiff is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award. -
Hologic Loses Bid to Block Minerva’s Surgical Products
April 23, 2020
The US Court of Appeals for the Federal Circuit on April 22, 2020, rejected Hologic, Inc.’s attempt to block sales for Minerva Surgical, Inc.’s surgical products. -
Guitar Maker Evades Copyright Claims Over Pantera Guitar Design
April 22, 2020
The US Court of Appeals for the Eleventh Circuit on April 16, 2020, affirmed a lower court ruling denying successful guitar maker and technician Buddy Webster’s copyright infringement claims against Dean Guitars. -
‘Stratus’ Trademark Ruling on Confusion With ‘Strata’ Upheld
April 21, 2020
The US Court of Appeals for the Federal Circuit on April 14, 2020, affirmed a Trademark Trial and Appeal Board (TTAB) ruling that denied registration of Stratus Networks Inc.’s trademark on the grounds of a likelihood of confusion with a trademark registered to UBTA-UBET Communications, Inc. -
Supreme Court Says PTAB’s Time Bar Decisions Not Appealable
April 20, 2020
The United States Supreme Court on April 20, 2020, held that 35 U.S.C. § 314(d), which states that the Patent Trial and Appeal Board's (PTAB) decision to institute an inter partes review (IPR) is nonappealable, also precludes judicial review of a time bar determination under 35 U.S.C. § 315(b). -
Juul Wins ITC Order Blocking Rival Imports
April 20, 2020
The International Trade Commission (ITC) on April 7, 2020, awarded and order to Juul Labs Inc. that blocks imports from four e-cigarette rivals. -
TTAB Overstepped While Nixing Color Trademark, Court Says
April 17, 2020
The US Court of Appeals for the Federal Circuit on April 8, 2020, held that the Trademark Trial and Appeal Board (TTAB) erred in ruling that an undefined color trademark on packaging can’t be distinctive enough for registration unless consumers already recognize it as an indicator of product source. -
House & Senate Judiciary Lawmakers Seek Information on USPTO Operations Amidst COVID-19 Pandemic
April 16, 2020
House & Senate Judiciary Lawmakers sent a letter to USPTO Director Andrei Iancu requesting information on the impact the coronavirus public health crisis has had on the operations of the USPTO. -
PTAB Designates Decision as Precedential
April 15, 2020
The Patent Trial and Appeal Board (PTAB) on April 14, 2020, designated as precedential Lectrosonics, Inc. v. Zaxcom, Inc. Case IPR2018-01129, Paper 33 (PTAB Jan. 24, 2020) (precedential). -
No Trademark for Conveyor Belt Fastener Design, 7th Cir. Says
April 14, 2020
The US Court of Appeals for the Seventh Circuit on April 7, 2020, held that part of a conveyor belt fastener with scalloped edges wasn’t entitled to trade dress protection because it was utilitarian. -
BASF Polymer Manufacturing Patent May Be Valid
April 13, 2020
The US Court of Appeals for the Federal Circuit on April 8, 2020, held that a patent covering a process for preparing polymers was wrongly found invalid based on another company’s earlier use of a similar process that may have been confidential.