News
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AIPLA Asks Supreme Court to Hold That Willful Infringement Not Be Required for Disgorgement of Profits Under Lanham Act
September 20, 2019
AIPLA argues that that proof of willfulness should not be required for an accounting of profits under Section 35(a) of the Lanham Act. -
Steve Winwood Defeats ‘Gimme Some Lovin’ Copyright Claims
September 19, 2019
The Sixth Circuit on September 17, 2019, affirmed a lower court judgment in favor of English singer and musician Steve Winwood in a copyright infringement case because the evidence of the alleged copyright infringement was inadmissible hearsay. -
Design Patent Title Limits Patent Scope, Fed. Cir Says
September 18, 2019
The US Court of Appeals for the Federal Circuit on September 12, 2019, held that a Curver Luxembourg SARL’s design patent for a chair was not infringed by home goods company Home Expression. -
Validity of Deep Fryer Sensor Patent Upheld
September 17, 2019
The US Court of Appeals for the Federal Circuit on September 12, 2019, affirmed a PTAB ruling which held that a patent covering a cooking oil sensor in a deep fryer was not invalid for obviousness. -
Phigenix Loses Breast Cancer Treatment Appeal
September 13, 2019
The Federal Circuit on September 5, 2019, held that Genentech, a biotechnology company, didn’t infringe Phigenix’s patent for a breast cancer treatment. -
The 2019 Report of the Economic Survey is Here!
September 12, 2019
The survey examines the economic aspects of intellectual property law practice, including individual billing rates and typical charges for representative IP law services. -
AIPLA Asks Supreme Court to Hold That § 314(d) Allows Appeal of PTAB Institution Decisions
September 10, 2019
The American Intellectual Property Law Association filed an amicus brief with the Supreme Court today in Thryv, Inc. v. Click-to-Call Technologies, LP, No. 18-916, a case involving which issues can be appealed in inter partes review proceedings. -
USPTO Revises Exam Guide on US-Licensed Attorney Requirement
September 10, 2019
The US Patent and Trademark Office on August 6, 2019, issued a revised examination guide on the requirement of a US-licensed attorney for foreign-domiciled trademark applicants and registrants. -
Scholastic Beats Photographer’s Copyright Infringement Claims
September 6, 2019
The US Court of Appeals for the Second Circuit on August 28, 2019, dismissed a photographer’s copyright infringement allegations against Scholastic Inc., the well-known children’s book and textbook publisher. -
Affliction’s Trademark Claims Against Utah Vape Shop Reinstated
September 5, 2019
The US Court of Appeals for the Tenth Circuit on August 27, 2019, reversed a grant of summary judgment in favor of a Utah vape shop in a trademark infringement suit. -
PTAB Denial of IPR Challenge is Precedential
September 4, 2019
The US Patent and Trademark Office on August 29, 2019, designated as precedential its decision to deny Cisco Systems Inc.'s bid to invalidate claims in an equipment-tracking patent though the petitioner voluntarily dismissed an earlier civil action. -
‘Minor Variation’ in Wording Not Enough to Throw Out PTAB Ruling
August 29, 2019
The US Court of Appeals for the Federal Circuit on August 21, 2019, held that a “minor variation in wording” between Smith & Nephew, Inc.’s IPR petition and the PTAB’s decision doesn’t justify throwing out the ruling. -
USPTO Seeks Comments on AI Patent Issues
August 28, 2019
The US Patent and Trademark Office on August 27, 2019, issued a Federal Register Notice requesting comments on artificial intelligence patent issues. -
Oscar-Winning Composer Gets Victory in Copyright Assignment Dispute
August 27, 2019
The US Court of Appeals for the Second Circuit on August 21, 2019, held that Ennio Morricone, an Academy Award-winning Italian composer, can terminate an assignment of copyrights for six film scores he created in the late 1970s and early 1980s. -
Viacom ‘Double Dare’ Trademark Declaration Will Have to Wait
August 22, 2019
The US District Court for the Southern District of New York held that Viacom’s request for declaration of its “Double Dare” trademark was too premature to be heard, as the alleged harm from Armstrong Interactive’s trademark registration applications was too speculative. -
Courts Must Settle Claims Construction Dispute Pre-Dismissal
August 20, 2019
The US Court of Appeals for the Federal Circuit on August 16, 2019, held that the District Court for the Northern District of California erred when it dismissed a patent infringement case based on patent ineligibility without first settling a claim construction dispute. -
Invalidity Finding Affirmed for Dog Gene Patent
August 16, 2019
The US Court of Appeals for the Federal Circuit on August 9, 2019, held that the University of Bern, a Swiss university, could not claim sovereign immunity to stop a challenge to its patent related to the detection of a mutation in dog DNA. -
Lawnmower Steering Patent Invalidation Reversed by Federal Circuit
August 15, 2019
The Federal Circuit on August 12, 2019, reversed the Patent Trial and Appeal Board’s (PTAB) invalidation of patent claims covering a lawnmower steering mechanism, holding that the Board’s decision was “predicated on its incorrect claim construction” of the term “mechanical control assembly.” -
Federal Circuit Rules for AT&T in Networking Patent Dispute
August 13, 2019
The US Court of Appeals for the Federal Circuit on August 12, 2019, affirmed a lower court’s ruling that AT&T Mobility LLC and Ericsson Inc. didn’t infringe Iridescent Networks Inc.’s networking patent. -
Hylete Bid to Register ‘H’ Trademark for Athletic Apparel Fails
August 7, 2019
The US Court of Appeals for the Federal Circuit on August 1, 2019, held that Hylete, an athletic performance apparel company, could not undo the Trademark Trial and Appeal Board’s decision to reject its trademark application.
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