News

The US District Court for the Western District of Wisconsin on May 24, 2019, granted a preliminary injunction preventing Anheuser-Busch Companies, LLC from implying in its advertisements that MillerCoors LLC beers contain corn syrup.

The United States Court of Appeals for the Federal Circuit on May 23, 2019, found Papst Licensing GMBH & Co.'s software patent, which is related to a software interface device with high data transfer rates, invalid because it was covered by other patented technology and published research.

In a May 22, 2019 press release, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, Representative Doug Collins (R-GA), Ranking Member of the House Judiciary Committee, Representative Hank Johnson (D-GA), Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, and Representative Steve Stivers (R-OH) released a bipartisan, bicameral draft bill that would reform Section 101 of the Patent Act.

Under § 365 of the Bankruptcy Code, a debtor-licensor's "rejection" of a contract operated as a breach of the contract and not as a rescission, the Supreme Court held May 20, 2019. Mission Product Holdings Inc. v. Tempnology, LLC, US, No. 17-1657, 5/22/2019.

The United States Court of Appeals for the Federal Circuit on May 13, 2019, held that AVX Corp., a manufacturer of electronic components, did not have standing to challenge the Patent Trial and Appeal Board's (PTAB) decision not to invalidate a competitor’s patent. AVX Corp. v. Presidio Components, Inc., Fed. Cir., No. 2018-1106, 5/13/19.

The United States Court of Appeals for the Federal Circuit on May 15, 2019, invalidated two of Horizon Therapeutics PLC’s patents for arthritis pain reliever drug Vimovo.

The United States Court of Appeals for the Federal Circuit (Federal Circuit) on May 9, 2019, affirmed an International Trade Commission (Commission) finding that “Swagway” hoverboards infringed Segway Inc.'s trademarks. Swagway, LLC v. Int’l Trade Comm’n, Fed. Cir., No. 18-1672, 5/9/19.

The United States Patent and Trademark Office (USPTO) on May 9, 2019, issued a notice concerning modifying its patent term adjustment procedures in view of the decision by the US Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus).

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.

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.

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.

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.

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-sponsored two spectacular events in Washington DC in celebration of World IP Day.

AIPLA, AIPPI and FICPI jointly organized a high-level colloquium on Artificial Intelligence (AI) with a focus on AI and Patent, Copyright and Trade Secret protection in Turin, Italy on 28-29 March 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.

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.

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.

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.

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.