Intellectual Property

Showing 1–16 of 280 results

  • Patentee falls short on proving willful infringement

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 414

    Abstract: The U.S. judicial system acknowledges that patent infringement is bad — and willful patent infringement is even worse. So much so that a finding of willful infringement allows a court to increase damages up to three times the amount assessed by the jury. This article reviews a case in which a patentee discovered that willfulness isn’t easy to prove. Bayer Healthcare LLC v. Baxalta Inc., No. 2019-2418 (Fed. Cir. March 1, 2021).

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  • Can you hear us now? SCOTUS says app developers needn’t reinvent the wheel

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 674

    Abstract: After more than a decade of litigation, the U.S. Supreme Court has resolved a dispute between tech giants in a way that has software developers breathing a sigh of relief. The Court held that the copyright doctrine of fair use permits developers to continue to build off of the work of others in many cases without fear of infringement liability — which, in this case, could have meant billions of dollars in damages. This article summarizes the Court’s broad reading of fair use in the application programming interface context. Google LLC v. Oracle America, Inc., No. 18-956 (U.S. April 5, 2021).

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  • Functional color scheme isn’t protected trade dress

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 517

    Abstract: A product’s trade dress — the design and shape of the product or its packaging — isn’t subject to trademark protection if it is deemed functional. The word “functional” may conjure visions of parts and components, but courts can find a product’s color functional, too. This short article reviews a case involving dental products that involved just this question. Sulzer Mixpac AG v. A&N Trading Co., No. 19-2951 (2d Cir. Feb. 18, 2021)

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  • Don’t copy that – Lack of implied license results in copyright infringement

    August / September 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 870

    Abstract: The Internet continues to generate new twists and issues in copyright law, forcing courts to apply traditional legal concepts to technologies not contemplated when the Copyright Act was enacted. In one recent case, the U.S. Court of Appeals for the Eleventh Circuit considered whether the publication of material on a blog or “really simple syndication” (RSS) feed granted an implied license to use the material. This article reviews why the court found that the plaintiff’s conduct didn’t constitute consent to an implied license. A brief sidebar summarizes why the court refused to reverse the jury’s rejection of the defendant’s fair use defense. MidlevelU, Inc. v. ACI Information Group, No. 20-10856 (11th Cir. March 3, 2021); Latimer v. Roaring Toyz, Inc. (2010).

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  • Language matters: Grammar guides court’s patent interpretation

    June / July 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 435

    Abstract: Grammar nerds can delight in a new ruling from the U.S. Court of Appeals for the Federal Circuit, which hears all appeals involving patent litigation. Asked to interpret the meaning of the phrase “a plurality of” when it precedes a list of components in a patent, the court relied in part on a source likely to be found on the bookshelf of every English major at some point. This short article covers the court’s finding of noninfringement based on the meaning of the phrase “a plurality of.” SIMO Holdings Inc. v. Hong Kong uCloudlink Network Technology Ltd., No. 2019-2411 (Fed. Cir. Jan. 5, 2021).

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  • Federal Circuit diverges from PTAB on analogous art ruling

    June / July 2021
    Newsletter: Ideas on Intellectual Property Law

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    Word count: 629

    Abstract: As patent owners are well aware, sometimes overcoming invalidating prior art can be difficult. Prior art — which makes an invention known and/or obvious, and therefore unpatentable — includes existing patents that are “analogous art.” But what makes an existing patent analogous? This article reviews a case from the U.S. Court of Appeals for the Federal Circuit, which handles all patent-related appeals, that explains the concept of analogous art. Donner Technology, LLC v. Pro Stage Gear, LLC, No. 20-1104 (Fed. Cir. Nov. 9, 2020).

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  • Take two – Court revives trademark infringement claim

    June / July 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 622

    Abstract: Using the exact words of a competitor’s trademark in a mark would pretty clearly constitute infringement, but a trial court evaluating such a situation disagreed. However, on review of what it described as a “somewhat unusual” trademark case, the U.S. Court of Appeals for the Second Circuit didn’t concur, based on several factors. This article reviews the court’s discussion of the likelihood of confusion test as it applied to the facts. Car-Freshner Corp. v. American Covers, LLC, No. 19-2750 (2d Cir. Nov. 19, 2020).

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  • Oh, the places you won’t go – Fair use defense fails for mashup

    June / July 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 850

    Abstract: The fair use defense to copyright infringement traces its roots back to an 1841 case involving the use of George Washington’s writings for a biography. To say things have become more complicated is an understatement, as demonstrated by a recent fair use case that considered a “mashup” combining elements of Dr. Seuss with elements of the TV show “Star Trek.” This article reviews the case and the fair use defense, while a short sidebar reveals why the plaintiff lost its trademark claim. Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 19-55348 (9th Cir. Dec. 18, 2020).

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  • Objectively reasonable belief doesn’t preclude induced infringement liability

    April / May 2021
    Newsletter: Ideas on Intellectual Property Law

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    Word count: 434

    Abstract: An alleged patent infringer’s conduct may be objectively reasonable — but that doesn’t mean the conduct can’t support liability for induced infringement. This short article highlights this lesson from a recent decision by the U.S. Court of Appeals for the Federal Circuit, where the defendant relied on a favorable court ruling and a stipulation by the parties that the plaintiff couldn’t show induced infringement. TecSec, Inc. v. Adobe Inc. Nos. 19-2192, 2258 (Fed. Cir. Oct. 23, 2020)

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  • USPTO responds to Booking.com ruling with revised guidelines

    April / May 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 622

    Abstract: In the wake of the U.S. Supreme Court ruling in the Booking.com case last year, the U.S. Patent and Trademark Office (USPTO) has updated its guidance for evaluating so-called “generic.com” marks for trademark registration. Although the Court’s ruling opened the door to registration for such marks, applicants nonetheless may find it an uphill battle. This article reviews the USPTO guidance.

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  • Any way you slice it – Copyright Act requires domestic infringement

    April / May 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 616

    Abstract: In an opinion hot out of the oven, the U.S. Court of Appeals for the D.C. Circuit recently weighed in on a case that tested the extraterritorial limits of the federal Copyright Act. Unfortunately for the U.S.-based copyright owner, the court determined that its allegations of infringement fell short of what was necessary to sustain a case against foreign defendants. This article reviews that case and the international reach of the U.S. Copyright Act. IMAPizza, LLC v. At Pizza Ltd., No. 18-7168 (D.C. Cir. July 17, 2020)

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  • Confusion reigns – Ninth Circuit addresses counterfeiting claims

    April / May 2021
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 824

    Abstract: Counterfeiting is a form of trademark infringement, so you might naturally expect that it requires at least the same amount of evidence as an infringement claim to reach trial. One trademark holder, however, recently argued that counterfeiting claims don’t require a showing of a likelihood of consumer confusion. This article examines a recent case from the U.S. Court of Appeals for the Ninth Circuit that set the trademark holder straight. Arcona, Inc. v. Farmacy Beauty, LLC, No. 19-55586 (9th Cir. Oct. 1, 2020)

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  • 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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