News

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.

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.

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.

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.

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.

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.

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.

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).

The International Trade Commission (ITC) on April 7, 2020, awarded and order to Juul Labs Inc. that blocks imports from four e-cigarette rivals.

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 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.

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).

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.

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.

The Federal Circuit held on April 3, 2020, that the maker of an eye disorder treatment device was improperly barred from publicly alleging that a competitor’s product infringes its patent.

In response to the COVID-19 pandemic, the US Copyright Office is expanding its capabilities to receive electronic submissions for Office services.

The US District Court for the Southern District of New York held on April 1, 2020, that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in its “Call of Duty” video games, saying the game developer was shielded by the First Amendment.

The US Court of Appeals for the Ninth Circuit on March 31, 2020, held that VIP Products LLC’s dog toy that parodies a Jack Daniel’s whiskey bottle may be protected from the distillery’s trademark infringement claims by the First Amendment.

The US Court of Appeals for the Seventh Circuit on March 27, 2020, held that a former grad student at the University of Illinois at Urbana-Champaign who helped discover a patented process that made his academic adviser $5 million wasn’t entitled to proceeds from the sale.

The United States Patent and Trademark Office (USPTO) in a March 30, 2020, Federal Register notice, announced that it is waiving its original handwritten signature requirement.