Intellectual Property

Showing 1–16 of 268 results

  • Who can file for trademark cancellation?

    February / March 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 425

    Abstract: The U.S. Court of Appeals for the Federal Circuit recently held that parties can pursue cancellation of a trademark even if they don’t show a proprietary interest in the contested mark. This article reviews the case and why owners of registered trademarks could see an uptick in attempts to cancel those marks. Australian Therapeutic Supplies Pty. Ltd. v. Naked TM, LLC, No. 19-1567 (Fed. Cir. July 27, 2020).

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  • “Method of preparation” involving natural phenomenon is patent-eligible

    February / March 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 559

    Abstract: The U.S. Court of Appeals for the Federal Circuit has taken the unusual step of modifying and clarifying an earlier opinion considering whether an invention related to a natural phenomenon was patent-eligible. Although the case deals with a “method of preparation,” this article looks at why it may also provide some valuable clues on how best to structure diagnostic claims to increase the odds of patent eligibility. Illumina, Inc. v. Ariosa Diagnostics, Inc., No. 19-1419 (Fed. Cir. Aug. 3, 2020); Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013).

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  • Don’t let patent licensing missteps cost you

    February / March 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 620

    Abstract: The owner of three software-related patents can attest to the highs and lows of patent litigation after the U.S. Court of Appeals for the Federal Circuit ruled in its case. Unlike other patents challenged as patent-ineligible under the so-called Alice test, its patents were upheld — but the patentee lost out on millions in pre-suit damages due to a licensing misstep. This article examines the case and reminds readers not to make the same mistake. Packet Intelligence LLC v. Netscout Systems, Inc., No. 19-2041 (Fed. Cir. July 14, 2020).

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  • Behind the curtain – “Jersey Boys” doesn’t violate copyright on autobiography

    February / March 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 814

    Abstract: The long-running Broadway musical “Jersey Boys” chronicles the history of the band known as the Four Seasons — and spawned copyright litigation that has run nearly as long as the play itself. This article discusses the latest ruling from the U.S. Court of Appeals for the Ninth Circuit, which found that because facts can’t form the basis for a copyright claim, and all of the alleged similarities were based on elements that were treated as fact in the manuscript, the plaintiff’s manuscript was unprotected. Corbello v. Valli, No. 17-1637 (9th Cir. Sept. 8, 2020).

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  • Court affirms PTAB’s common sense obviousness analysis

    Year End 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 415

    Abstract: Common sense can go a long way. And patent litigants shouldn’t be surprised at just how far it can go when a court determines whether a patent is invalid for being obvious. This article discusses a case in which the court found that, while common sense shouldn’t be used as a wholesale substitute for reasoned analysis and evidentiary support, the Patent Trial and Appeal Board’s use of common sense was accompanied by the necessary analysis and support. B/E Aerospace, Inc. v. C&D Zodiac, Inc., No. 19-1935, June 26, 2020, Fed. Cir.; KSR Int’l Co. v. Teleflex Inc., No. 04–1350, Supreme Court (2007).

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  • Cosmetic differences – Copyright Act preempts state law claims over makeup artistry

    Year End 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 646

    Abstract: To qualify for copyright protection, works must be “fixed in a tangible medium of expression.” Does human skin count as a tangible medium of expression? The U.S. Court of Appeals for the Second Circuit considered that question in a recent case — but in the end held off on a decision. This article reviews the court’s decision to find a different basis for ruling against the plaintiff. Mourabit v. Klein, No. 19-2142, June 8, 2020, 2d Cir.

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  • There’s no “I” in team – Court adds co-inventors to patents

    Year End 2020
    Newsletter: Ideas on Intellectual Property Law

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    Word count: 583

    Abstract: Some types of inventions are the result of extensive collaboration, but not every collaborator qualifies as an inventor for patent purposes. The exclusion or inclusion of individuals as inventors can have significant implications, financially and otherwise. This article highlights a recent case involving a cancer treatment reviewing the concept of joint inventorship. Dana-Farber Cancer Institute v. Ono Pharm. Co., Ltd., No. 19-2050, July 14, 2020, Fed. Cir.

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  • SCOTUS has no reservations about Booking.com trademark

    Year End 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 819

    Abstract: The U.S. Supreme Court recently sided with digital travel company Booking.com in a much-anticipated trademark ruling. The Court’s holding, which makes the combination of a generic word with “.com” eligible for federal trademark registration, reportedly has already led to a wave of registration applications for such terms. This article reviews the Court’s reasoning and a short sidebar discusses its discussion regarding relevant evidence such as dictionaries, usage by consumers and competitors, and consumer surveys. USPTO v. Booking.com, No. 19-46, June 30, 2020, U.S.

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  • Supreme Court: Sovereign immunity sinks copyright claims

    October / November 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 409

    Abstract: When copyrights are infringed by a state, copyright owners are likely out of luck. That’s the result of a unanimous decision from the U.S. Supreme Court striking down a federal law that allowed copyright owners to sue states in federal court for infringement. This brief article reviews the case and its implications. Allen v. Cooper, No. 18-877, March 23, 2020, U.S.

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  • Will they or won’t they? SCOTUS makes it easier to recover trademark infringer’s profits

    October / November 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 630

    Abstract: In yet another eventful season of important U.S. Supreme Court rulings, one decision brings welcome news to trademark owners. The unanimous landmark decision resolved a split among the federal appellate courts. This article reviews the Supreme Court’s decision finding that, while willfulness isn’t a prerequisite to the issue of a profits remedy, the inquiry into willfulness isn’t irrelevant. Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-1233, April 23, 2020, U.S.

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  • The limits of artificial intelligence – PTO restricts “inventorship” to natural persons

    October / November 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 564

    Abstract: Decades after “2001: A Space Odyssey” hit theaters, artificial intelligence (AI) is finally gaining ground in everyday life — but not without legal limits. The U.S. Patent and Trademark Office (PTO), for example, recently ruled that AI systems can’t be listed as an “inventor” on a patent application. This article discusses why the agency found that the application required identification of a natural person as inventor. In re Application of Application No.: 16/524,350, No. 50567-3-01-US, April 27, 2020, U.S.P.T.O.

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  • Federal Circuit cuts the line on patent-ineligible fishing method

    October / November 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 840

    Abstract: The U.S. Court of Appeals for the Federal Circuit has thrown back yet another patent aimed at what it considers a patent-ineligible abstract idea. While many of the earlier cases in which the court has applied the so-called Alice/Mayo test for patent eligibility have involved computer-implemented processes or software, the recent case revolved around something much more simple. This article highlights the Federal Circuit’s continuing trend to deny patents for abstract ideas. In re: Rudy, No. 2019-2301, April 24, 2020, Fed. Cir.

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  • Use it or lose it: Protecting IP during a public health crisis

    August / September 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 383

    Abstract: Owners of intellectual property (IP) — whether it’s a patent, trademark, copyright or something else — need to protect and enforce their rights, even during tumultuous times like the COVID-19 pandemic. Although the crisis forced the U.S. Patent and Trademark Office (PTO), the U.S. Copyright Office and some courts to close to the public, this short article reminds IP owners that their rights must always be protected.

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  • Trademark licensee denied preliminary injunction – Court finds license isn’t “perpetual”

    August / September 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 596

    Abstract: Preliminary injunctions generally are considered extraordinary remedies, as the U.S. Court of Appeals for the Tenth Circuit recently reminded a popcorn manufacturer. The manufacturer had sought a preliminary injunction against a trademark licensor that terminated its agreement. This article reviews a district court’s finding that an injunction was warranted because the manufacturer held a “perpetual license,” and why the appellate court disagreed. Mrs. Fields Franchising LLC v. MFGPC, Nos. 19-4046, -4063, Nov. 7, 2019, Fed. Cir.

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  • Patentee misses the mark on pre-lawsuit infringement damages

    August / September 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 655

    Abstract: Patent owners have to do more than simply obtain their patents if they want to recover full damages for patent infringement. This article reviews one case in which a patent owner’s infringement action was dismissed because the owner had failed to give the public notice of the patent by marking products that use the patented invention, thus dramatically limiting the amount of recoverable damages. Arctic Cat Inc. v. Bombardier Recreational Products Inc., No. 2019-1080, Feb. 19, 2020, Fed. Cir.

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  • Stairway to litigation – Led Zeppelin prevails in copyright case

    August / September 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 920

    Abstract: The copyright infringement case involving Led Zeppelin’s classic rock anthem “Stairway to Heaven” may finally be over. In finding in favor of the band, the U.S. Court of Appeals for the Ninth Circuit reversed some of its long-standing precedent — and this could significantly impact other copyright cases. This article reviews the appellate decision and its determination not to use the inverse ratio rule. A short sidebar covers the court’s decision that a deposit copy limited the scope of the copyright under the 1909 Copyright Act. Skidmore v. Led Zeppelin, Nos. 16-56057, -56287, March 9, 2020, 9th Cir.

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