News
Practice Areas
Year End 2025 Ideas on Intellectual Property Law
Cantor Colburn IP Newsletter
“Access” in the internet age
Social media sharing complicates copyright infringement analysis
One element of a successful copyright infringement claim is showing that the defendant had access to the plaintiff’s copyrighted work. But how can a court assess the concept of access in a digitally interconnected world where social media can make a post available to millions of people around the globe? The U.S. Court of Appeals for the Ninth Circuit recently considered this question. This article highlights one of its conclusions: availability shouldn’t be confused with access.
Woodland v. Hill, aka Lil Nas X, No. 23-55418, May 16, 2025, 9th Cir.
Can trademark registrants sue co-owners for infringement?
Breaking up is hard to do — especially when trademark rights are involved. Recently, for the first time, the U.S. Court of Appeals for the Fifth Circuit considered whether a co-owner of a trademark may pursue claims against other owners for unauthorized use of the mark. This article reviews the relevant statutory text and U.S. Supreme Court precedent the court used in reaching its ruling.
Reed v. Marshall, No. 24-20198, July 2, 2025, 5th Cir.
PTO memo limits evidence in IPR proceedings
The U.S. Patent and Trademark Office (PTO) announced this past summer that it would begin limiting the use of “applicant admitted prior art” in inter partes reviews. The change came on the heels of a ruling by the U.S. Court of Appeals for the Federal Circuit that, contrary to the PTO’s new position, allowed such evidence to show missing claim limitations. This article discusses the court case and the PTO memo.
Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., No. 23-1864, July 14, 2025, Fed. Cir.
How prosecution history disclaimer doomed a patent infringement claim
Doctrine applies to both design and utility patents
A patent doesn’t always provide the protection a patentee expects. In fact, the prosecution history (all communication between the patent applicant and the examiner) can come back to haunt a patentee when it later pursues an infringement action. This article summarizes a recent patent case in which the court found that prosecution history disclaimer applies to both design and utility patents.
Top Brand LLC v. Cozy Comfort Co. LLC, No. 24-2191, July 17, 2025, Fed. Cir.
