Newsstand
Our daily update covering current events.
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USTR To Raise China Tariffs
May 10, 2019
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. -
Second Circuit Upholds Hasidic Jewish Trademark Arbitration Award
May 9, 2019
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. -
Microsoft Escapes Copyright Claims for Misappropriation of DRM Tech
May 6, 2019
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. -
DuPont Wins Patent Dispute Over Airplane Blankets
May 6, 2019
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. -
Copying Photo for Local Film Fest Site Infringes Copyright
May 2, 2019
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. -
AIPLA Co-Sponsors World IP Day Events
May 1, 2019
AIPLA co-sponsored two spectacular events in Washington DC in celebration of World IP Day. -
USTR Releases Special 301 Report & Review of Notorious Markets
April 29, 2019
The Office of the United States Trade Representative (USTR) on April 25, 2019, released its annual Special 301 Report on the adequacy and effectiveness of trading partners’ protection of intellectual property rights and the findings of its Notorious Markets List, which highlights online and physical markets that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting. -
NIST Releases Findings on Increasing the Innovation Impacts of Federally Funded R&D
April 26, 2019
The Department of Commerce’s National Institute of Standards and Technology on April 24, 2019, announced 15 key findings from a final version of a new “green paper” on maximizing U.S. innovation from government-funded research. -
Maria Strong Appointed Director of Policy and International Affairs
April 25, 2019
The US Copyright Office on April 24, 2019, announced that Maria Strong will serve as Associate Register of Copyrights and Director of Policy and International Affairs at the United States Copyright Office, effective April 23, 2019. -
Federal Circuit Invalidates E-Trading Patent
April 24, 2019
The US Court of Appeals for the Federal Circuit on April 18, 2019, invalidated three of Trading Technologies LLC’s patents on a user interface for electronic trading technology, affirming the Patent Trial and Appeal Board’s finding that the patents were ineligible under § 101 after the Board instituted Covered Business Method (CBM) Patent review. -
USPTO Issues Notice on AIA Trial Proceedings
April 23, 2019
The US Patent and Trademark Office on April 22, 2019, issued a notice of information concerning existing office practice available to a patent owner during the pendency of a trial proceeding under the America Invents Act (AIA); specifically pertaining to the reissue and reexamination procedures available for amending claims involved in the trial. 84 Fed. Reg. 16654. -
Lawmakers Release Framework to Reform Section 101
April 22, 2019
On April, 17, 2019, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), and Representatives Doug Collins (R-GA), Hank Johnson (D-GA), and Steve Stivers (R-OH), released a bipartisan, bicameral framework to reform Section 101 of the Patent Act. -
PTAB Designates Three Decisions as Precedential
April 19, 2019
The USPTO on April 16, 2019, designated three PTAB decisions as precedential. -
Supreme Court Hears Argument on Constitutionality of Scandalous Trademark Ban
April 17, 2019
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. -
USPTO to Host Free Seminars on Protecting IP in China
April 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. -
Ohio State Loses Trademark Infringement Suit Against Redbubble
April 12, 2019
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. -
Website Lacking Ordering Details Fails Use-in-Commerce Test
April 11, 2019
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. -
CAFC Orders New Trial in Remote Vehicle Control Case
April 10, 2019
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. -
PTAB Designates Huawei Decision as Precedential
April 9, 2019
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. -
USPTO “Motion to Amend” Patent Quality Chat
April 8, 2019
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.