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June/July 2025 Cantor Colburn IP Newsletter Ideas on Intellectual Property
Ideas on Intellectual Property Law
Copyrights and software development
Interoperability doesn’t make a work derivative
The U.S. Court of Appeals for the Ninth Circuit has weighed in on the latest battle in what it has described as “a pitched copyright war” that now has stretched out over a decade. This article reviews a significant ruling for both providers of interoperable software and the owners of the copyrights on the software with which such software interoperates. In the end, the court ultimately prolonged the conflict. A short sidebar covers the appellate court’s review of the trial court’s findings of false advertising under trademark law’s Lanham Act.
Oracle Int’l Corp. v Rimini Street, Inc., No. 23-16038, Dec. 16, 2024, 9th Cir.
How not to succeed on a patent inventorship or co-inventorship claim
A person may be accidentally or intentionally omitted from a patent. In one recent case, an alleged inventor sought recognition for his work for a set of computing systems configured to perform computational operations related to cryptocurrency and optimal power pricing. This article explains that he failed to provide the evidence required by the U.S. Court of Appeals for the Federal Circuit, which handles all patent-related appeals.
BearBox LLC v. Lancium LLC, No. 23-1922, Jan. 13, 2025, Fed. Cir.
Tapped out
Court rules against brewery in trademark dispute
Imitation is the sincerest form of flattery. Or so goes the popular quote attributed to English cleric Charles Caleb Colton. A craft brewer was anything but flattered when a less highly regarded brand appeared to imitate its trademark in a design refresh, leading to an infringement lawsuit. This article reviews the appellate court’s ruling that the defendant’s trademark was likely to cause consumer confusion. It affirmed the jury’s verdict and damage award.
Stone Brewing Co., LLC v. Molson Coors Beverage Co. USA LLC, No. 23-3142, Dec. 30, 2024, 9th Cir.
Court uses “inherent power” to sanction patent litigation conduct
The U.S. Court of Appeals for the Federal Circuit recently fired a warning shot to parties tempted to file patent infringement lawsuits in bad faith. Its ruling should put them on alert that their claims could lead to costly sanctions — even if they voluntarily withdraw a lawsuit before the litigation gets rolling. This short article explains that the trial court could rightfully turn to its inherent power to sanction bad faith conduct.
PS Products Inc. v. Panther Trading Co. Inc, No. 23-1665, Dec. 16, 2024, Fed. Cir.
