Newsstand
Our daily update covering current events.
-
Sovereign Immunity Bars Copyright Suit Against Hospital
April 5, 2019
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. -
Cleveland Clinic Heart Disease Patent Invalid
April 4, 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. -
Kroma EU Has No Standing to Sue Kardashian Sisters
April 3, 2019
The Eleventh Circuit on April 1, 2019, held that Kroma EU, a European cosmetics company, lacked standing to sue the Kardashian sisters for trademark infringement in the US. -
Federal Circuit Reverses IBM Patent Invalidation
April 2, 2019
The Court of Appeals for the Federal Circuit on April 1, 2019, held that the Patent Trial and Appeal Board (PTAB) must reconsider its decision to invalidate IBM’s U.S. Patent No. 7,631,346; the patent is related to a system for reducing authentication burdens by allowing a user to sign-in only once while accessing multiple applications. -
Brexit and the European Patent System
April 1, 2019
The UK is due to leave the European Union – an economic and political partnership of 28 countries – ending 46 years of British membership. But the exact timing remains unclear. -
5th Circuit Declines to Disgorge Profits in False Advertising Suit
April 1, 2019
The United States Court of Appeals for the Fifth Circuit on March 26, 2019, affirmed a district court ruling which declined to disgorge Becton Dickinson & Co.’s (BD) profits despite the fact the syringe maker was found liable by a jury on multiple Lanham Act violations. -
Karyn A. Temple Is Named Register of Copyrights
March 29, 2019
Librarian of Congress Carla Hayden announced that she has appointed Karyn A. Temple as Register of Copyrights and director of the U.S. Copyright Office, effective March 27, 2019. Temple has been Acting Register of Copyrights since October 21, 2016. -
USPTO Alerts Users on EFS-Web System Issue
March 28, 2019
The US Patent and Trademark Office on March 27, 2019, alerted EFS-Web users about a system defect in the initial web-based application data sheet (ADS) and the corrected web-based ADS. -
Arctic Cat Invalidated Patent Sent Back to PTAB
March 27, 2019
The US Court of Appeals for the Federal Circuit on March 26, 2019, held that the Patent Trial and Appeal Board wrongly invalidated an Arctic Cat Inc. patent based on an earlier-filed application. -
Developing the Digital Marketplace for Copyrighted Works Public Meeting
March 26, 2019
On March 28, the Department of Commerce’s Internet Policy Task Force will host the third public meeting on Developing the Digital Marketplace for Copyrighted Works at the USPTO headquarters in Alexandria, Virginia. -
Director Iancu Appears Before Senate Judiciary Committee
March 20, 2019
USPTO Director Andrei Iancu on March 13, 2019, appeared at an oversight hearing of the Senate Judiciary Committee. -
Apple’s IPR Victory in Data Patent Challenge Overturned by CAFC
March 20, 2019
The US Court of Appeals for the Federal Circuit on March 8, 2019, overturned Apple Inc.’s IPR victory against PersonalWeb Technologies, LLC, holding that the ‘310 patent was not unpatentable due to obviousness because one of the PTAB’s key underlying fact findings was not supported by substantial evidence. -
PTAB Releases Update for Motion to Amend Study
March 14, 2019
The Patent Trial and Appeal Board on March 13, 2019, published the fifth installment of its Motion to Amend Study, which tracks and analyzes all motions to amend filed in AIA trials through the end of September 2018. -
PTAB Designates Lectrosonics Decision Precedential
March 13, 2019
The PTAB designated as precedential Lectrosonics, Inc. v. Zaxcom, Inc, an order which provides guidance and information regarding statutory and regulatory requirements for a motion to amend in light of Federal Circuit case law. -
CAFC Invalidates “Bedside Machine” Patent
March 12, 2019
The US Court of Appeals for the Federal Circuit on February 26, 2019, held that a “bedside machine” that displays medical information was patent-ineligible because it was directed to the abstract idea of using a computer to gather, analyze, and display data. Univ. of Fla. Research Found. v. Gen. Elec. Co., Fed. Cir., No. 2018-1284, 2/26/19. -
USPTO vILT Training on Computer-Implemented Functional Claim Limitations
March 12, 2019
The United States Patent & Trademark Office is hosting Virtual Instructor Led Training (vILT) on April 2 and 3. The course is entitled “Examining Computer-Implemented Functional Claim Limitations for Compliance with 35 U.S.C. § 112.” -
Supreme Court Grants Cert in NantKwest v. Iancu
March 8, 2019
The US Supreme Court on March 4, 2019, granted the USPTO’s petition to review the US Court of Appeals for the Federal Circuit’s ruling in NantKwest Inc. v. Iancu. -
Kevin R. Amer Appointed as Copyright Office Deputy General Counsel
March 7, 2019
Acting Register of Copyrights Karyn A. Temple has appointed Kevin R. Amer deputy general counsel of the United States Copyright Office, said the United States Copyright Office in a March 5, 2019 news alert. -
Supreme Court Clarifies Scope of “Full Costs” in Copyright Dispute
March 6, 2019
The United States Supreme Court on March 4, 2019, issued a unanimous decision holding that winning parties in copyright cases can’t collect expert-witness fees and jury consultant costs. -
SCOTUS Rules That Registration Required to File Copyright Suit
March 5, 2019
The Supreme Court on March 4, 2019, ruled that a copyright holder must register their work with the US Copyright Office before suing for infringement, and “registration” within the meaning of 17 USC §411(a) occurs not when an application for registration is filed, but when the Copyright Office registers the copyright.