Look before you leap
Foreign publication leads to patent invalidation
Telefonaktiebolaget LM Ericsson v. TCL Corp.
Even after a patent is granted, an owner can find the patent’s validity challenged if it hasn’t thoroughly searched for “prior art.”
Prescription for copyright protection: Register stat!
Southern Credentialing Support Svcs., LLC v. Hammond Surgical Hosp., LLC
Copyright protection generally takes effect as soon as an original work is created, but it might not be as extensive as some think.
Attorneys’ fees awards in trademark cases
Appellate court lowers the bar
LHO Chicago River, LLC v. Perillo
When most people think about what it takes to qualify as “exceptional,” they probably imagine a fairly high bar.
Supreme Court slaps down PTO pursuit of attorneys’ fees
Peter v. NantKwest, Inc.
The U.S. Supreme Court has weighed in on a new U.S. Patent and Trademark Office practice when patent applicants appeal adverse decisions in district court.
- April 1, 2020
Food for thought: Court rules banana costume is copyrightable
Silvertop Associates Inc. v. Kangaroo Mfg. Inc., No. 18-2266, Aug. 1, 2019, 3d Cir., Star Athletica, L.L.C. v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017).
Back to the future
Federal Circuit rejects narrow approach to relation back doctrine
Anza Technology, Inc. v. Mushkin, Inc., No. 19-1045, Aug. 16, 2019, Fed. Cir.
No harm, no foul
Fair use defense wins trademark infringement case
SportFuel, Inc., v. PepsiCo, Inc., No. 18-3010, Aug. 2, 2019, 7th Cir.
Timing matters in inter partes review
Henny Penny Corp. v. Frymaster LLC, No. 18-1596, Sept. 12, 2019, Fed. Cir.
- Ideas on Intellectual Property Law NewsletterFebruary 1, 2020February / March 2020
Auto parts’ aesthetic appeal doesn’t invalidate design patents
Automotive Body Parts Ass’n v. Ford Global Techs., LLC, No. 18-1613, July 11, 2019, Fed. Cir.
Actual consumer confusion irrelevant in trademark profits determination
4 Pillar Dynasty LLC v. New York & Co., Inc., No. 17-2398, July 5, 2019, 2d Cir.
Federal Circuit faults PTAB’s written description analysis
In re: Global IP Holdings LLC, No. 18-1426, July 5, 2019, Fed. Cir.
Third Circuit rejects copyright presumption in favor of permanent injunctions
TD Bank N.A. v. Hill, No. 16-2897, July 1, 2019, 3d Cir.; eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006)
- December 1, 2019
Sink or swim: Precise patent language scuttles infringement lawsuit
Cobalt Boats, LLC v. Brunswick Corp., No. 18-1376, May 31, 2019, Fed. Cir.
Supreme Court says government isn’t a person ― for patent purposes
Return Mail, Inc. v. U.S. Postal Service, No. 17-1594, June 10, 2019, U.S.
Inaccurate statement forfeits copyright infringement claim
Gold Value Int’l Textile, Inc. v. Sanctuary Clothing, LLC, No. 17-55818, June 4, 2019, 9th Cir.
SCOTUS strikes down ban on immoral or scandalous trademark registration
Iancu v. Brunetti, No. 18-302, June 24, 2019, U.S.
- October 1, 2019
Active or passive?
What makes website operators directly liable for copyright infringement
VHT, Inc. v. Zillow Group, Inc., No. 17-35587, March 15, 2019, Ninth Cir.
Vehicle charging station patents short-circuit under Alice analysis
ChargePoint, Inc. v. SemaConnect, Inc., No. 18-1739, March 28, 2019, Fed. Cir.
Supreme Court ruling leaves a mark
Trademark right survives licensor’s bankruptcy
Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, May 20, 2019, U.S.
PTAB rejects inherently obvious finding
PersonalWeb Technologies, LLC v. Apple, Inc., No. 18-1599, March 8, 2019, Fed. Cir.
- September 1, 2019
Experimental use preempts public use, on-sale bars to patentability
Barry v. Medtronic, Inc., No. 17-2463, Jan. 24, 2019, Fed. Cir.
SCOTUS clarifies copyright infringement lawsuit prerequisite
Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, Jan. 8, 2019, U.S.S.C.
Obviousness doesn’t require motivation to combine prior art
Realtime Data, LLC v. Iancu, No. 18-1154, Jan. 10, 2019, Fed. Cir.
Court of Appeals revives denied trademark application
In re: Guild Mortgage Co., No. 17-2620, Jan. 14, 2019, Fed. Cir.