Newsstand
Our daily update covering current events.
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Fed. Cir. Upholds Win on Optical Beam Switching Patent
December 2, 2019
The Federal Circuit on November 21, 2019, held that Nokia of America Corp. and Ciena Corp. didn’t infringe an optical beam switching patent after finding relevant claims of the patent invalid. -
Pepsi Wins Copyright Suit Over Super Bowl Ad
November 26, 2019
The US District Court for the Southern District of New York on November 13, 2019, held that a Pepsi ad which ran during the 2016 Super Bowl and featured Funk singer Janelle Monae didn’t infringe on an advertising agency’s pitch. -
Fed. Cir. Says Video Game Patent Review Not Time-Barred
November 25, 2019
The US Court of Appeals for the Federal Circuit on November 19, 2019, affirmed a Patent Trial and Appeal Board (PTAB) decision that determined that Game & Tech. Co.’s video game technology patent was invalid in light of prior art. -
PTAB Publishes Consolidated Edition of AIA Trial Practice Guide
November 22, 2019
The US Patent and Trademark Office on November 20, 2019, published a new, consolidated edition of the Patent Trial Practice Guide that incorporates updates released in August 2018 and July 2019 into the original August 2012 Practice Guide. -
Netflix Escapes ‘Narcos’ Copyright Suit
November 21, 2019
The US District Court for the Southern District of Florida on November 8, 2019, held that Netflix Inc.'s hit show “Narcos” did not copy protectable portions of a Colombian journalist’s memoirs about her affair with Pablo Escobar. -
Fed. Cir. Restores Data Transmission Patent
November 19, 2019
The Federal Circuit on November 15, 2019, ruled that a district court erred when it found KPN N.V.'s data transmission systems patent unpatentable as an abstract idea. -
USPTO Installs Security Enhancements to Private PAIR
November 18, 2019
The US Patent and Trademark Office has installed security enhancements to Private PAIR. -
Fed. Cir. Vacates and Remands Piping Trademark Dispute
November 18, 2019
The US Court of Appeals for the Federal Circuit on November 13, 2019, reversed a Trademark Trial and Appeal Board (TTAB) decision that dismissed Texas-based Galperti Inc.’s attempt to cancel Italy-based Galperti Srl’s mark. -
Fed. Cir. Reverses Columbia Sportswear Design Patent Infringement Win
November 15, 2019
The US Court of Appeals for the Federal Circuit on November 13, 2019, reversed Columbia Sportswear’s win in a patent infringement case regarding its design patent for a waved-pattern design used in cold-weather products like gloves and coats. -
Mrs. Fields Defeats Preliminary Injunction in Popcorn Trademark License Dispute
November 13, 2019
The US Court of Appeals for the Tenth Circuit on November 7, 2019, reversed a preliminary injunction requiring Mrs. Fields Franchising LLC to continue a trademark licensing agreement allowing MFGPC the exclusive use of the “Mrs. Fields” trademark on popcorn products. -
Dish Network Gets Win Against Scam Callers’ Payment Processor
November 12, 2019
The US District Court for the Southern District of New York on November 6, 2019, held Imtiyaz Siddiqi, a man doing business as Global Telecommunications and Global Communications, liable for contributory and vicarious trademark infringement for his part in a scheme which defrauded hundreds of DISH Network subscribers. -
Fed. Cir. Says PTAB Erred in Rejecting ‘Travel Trailer’ Patent
November 7, 2019
The US Court of Appeals for the Federal Circuit on November 4, 2019, found that the Patent Trial and Appeal Board (PTAB) erred when it concluded that a “travel trailer” was unpatentable because it was anticipated by two cargo truck trailer patents. -
Filer Guidance Concerning 2019 Amendments to the Federal Rules of Appellate Procedure
November 6, 2019
On December 2, 2019, the US Court of Appeals for the Federal Circuit will issue an updated version of the Federal Circuit Rules of Practice incorporating any adopted amendments to the Federal Rules of Appellate Procedure. -
PTAB's Administrative Patent Judges Unconstitutionally Appointed, Says Fed. Cir.
November 4, 2019
Federal Circuit holds that APJs exercise the type of authority that renders them principal officers of the United States who must be appointed by the President, with the advice and consent of the Senate. -
Fed. Cir. Says Evidence of Copying is Relevant to Obviousness
November 1, 2019
The US Court of Appeals for the Federal Circuit on October 30, 2019, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision which found Liqwd Inc.’s keratin treatment patent invalid for obviousness, because evidence that L’Oreal USA, Inc., used Liqwd’s confidential information and copied Liqwd’s patented method should have been considered in determining whether the patent was valid. -
Foley Hoag Partner Barbara Fiacco Named President of AIPLA
October 31, 2019
Foley Hoag LLP Partner Barbara Fiacco has been named President of the American Intellectual Property Law Association (AIPLA). -
Donald Dunner Passes Away at 88
October 18, 2019
Donald R. Dunner, the renowned patent attorney and name partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, passed away on October 16, 2019, at the age of 88. -
Learn How Examiners Approach Unity of Invention
October 17, 2019
The US Patent & Trademark Office will host a Virtual Instructor Led Training (vILT) course titled “Unity of Invention” on December 10, 11, and 12, 2019. -
PTAB Designates Two Decisions as Informative
October 16, 2019
The Patent Trial and Appeal Board designated two decisions regarding design choice as informative. -
Fed. Cir. Invalidates FUSION Energy Drink Trademark
October 14, 2019
The US Court of Appeals for the Federal Circuit on October 10, 2019, upheld a Trademark Trial and Appeal Board (TTAB) ruling which canceled Brazilian beverage company Cervejaria Petropolis SA’s FUSION trademark at the request of Ambev SA.