Intellectual Property

Showing 1–16 of 252 results

  • Supreme Court slaps down PTO pursuit of attorneys’ fees

    June / July 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 462

    Abstract: The U.S. Supreme Court has weighed in on a new U.S. Patent and Trademark Office (PTO) practice when patent applicants appeal adverse decisions in district court. This article reviews why the Court’s conclusion is welcome news for applicants who want to go this route to contest the denial of their applications. Peter v. NantKwest, Inc., No. 18-801, Dec. 11, 2019, U.S.

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  • Attorneys’ fees awards in trademark cases – Appellate court lowers the bar

    June / July 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 583

    Abstract: When most people think about what it takes to qualify as “exceptional,” they probably imagine a fairly high bar. That’s not how the U.S. Court of Appeals for the Seventh Circuit sees it, though — at least when it comes to the standard for awarding attorneys’ fees to prevailing defendants in trademark litigation. This article discusses a recent trademark law case, in which the court joined most federal courts of appeal in applying a looser test in the wake of a 2014 U.S. Supreme Court ruling, which had arisen in a patent case. LHO Chicago River, LLC v. Perillo, No. 19-1848, Nov. 8, 2019, 7th Cir.

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  • Prescription for copyright protection: Register stat!

    June / July 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 601

    Abstract: Copyright protection generally takes effect as soon as an original work is created, but it might not be as extensive as some think. To get the full protection, including the ability to sue for infringement, the work must be registered with the U.S. Copyright Office — ASAP. This article covers a recent case in which the copyright holder learned the risks of delaying registration the hard way. Southern Credentialing Support Svcs., LLC v. Hammond Surgical Hosp., LLC, No. 18-31169, Jan. 9, 2020, 5th Cir.

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  • Look before you leap – Foreign publication leads to patent invalidation

    June / July 2020
    Newsletter: Ideas on Intellectual Property Law

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    Word count: 852

    Abstract: Even after a patent is granted, an owner can find the patent’s validity challenged if it hasn’t thoroughly searched for “prior art.” That’s what happened to one telecommunications company: in an inter partes review (IPR) proceeding, the competitor alleged that prior art anticipated the invention, invalidating the patent. This article highlights a case that illustrates the low standard for the admission of late evidence in IPR proceedings and provides guidance on when a printed publication qualifies as potentially invalidating prior art. A short sidebar discusses the plaintiff’s claim that, even if the prior art was publicly available at the relevant time, it actually “taught away” from the patented invention. Telefonaktiebolaget LM Ericsson v. TCL Corp., No. 18-801, Nov. 7, 2019, Fed. Cir.

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  • Timing matters in inter partes review

    April / May 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 469

    Abstract: Inter partes review (IPR) offers parties an expedited opportunity to challenge the validity of a patent outside of court. But, as one challenger recently learned the hard way, it’s critical that arguments against patentability be raised at the proper time. This article reviews the court’s finding that an IPR petitioner may not raise in reply an entirely new rationale for why a claim would have been obvious. Henny Penny Corp. v. Frymaster LLC, No. 18-1596, Sept. 12, 2019, Fed. Cir.

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  • No harm, no foul – Fair use defense wins trademark infringement case

    April / May 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 625

    Abstract: Athletes are known for “leaving it all on the field,” or going all out in competition. A nutritional consultant firm for athletes recently took the same mindset to a trademark battle — but it didn’t emerge victorious, because a court found its opponent’s use of its mark was fair. This article examines the fair use defense and how the defendant used it to overcome a claim of trademark infringement. SportFuel, Inc., v. PepsiCo, Inc., No. 18-3010, Aug. 2, 2019, 7th Cir.

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  • Back to the future – Federal Circuit rejects narrow approach to relation back doctrine

    April / May 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 631

    Abstract: The U.S. Court of Appeals for the Federal Circuit, the appellate court that hears all patent-related appeals, recently revived an infringement lawsuit based on the relation back doctrine. This article examines why the court found the trial court’s application of the doctrine, which resulted in the case being dismissed because of the statute of limitations, “overly restrictive.” Anza Technology, Inc. v. Mushkin, Inc., No. 19-1045, Aug. 16, 2019, Fed. Cir.

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  • Food for thought: Court rules banana costume is copyrightable

    April / May 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 846

    Abstract: In 2017, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., established a two-part test for analyzing which elements of a piece of clothing are design elements protectable by copyright and which are nonprotectable functional elements. This article reviews a recent case from the U.S. Court of Appeals for the Third Circuit that has applied the fruit of the high court’s labors in that case for the first time in its jurisdiction. A brief sidebar covers the application of the merger and “scènes à faire” doctrines to the case. 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).

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  • Third Circuit rejects copyright presumption in favor of permanent injunctions

    February / March 2020
    Newsletter: Ideas on Intellectual Property Law

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    Word count: 398

    Abstract: After securing a copyright infringement verdict, it should be easier to obtain a permanent injunction against the infringing party, right? Not so in several jurisdictions. This article summarizes a decision from the U.S. Court of Appeals for the Third Circuit that has now made it harder for copyright holders to get injunctive relief, even after prevailing in court. TD Bank N.A. v. Hill, No. 16-2897, July 1, 2019, 3d Cir.; eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006)

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  • Beyond words – Federal Circuit faults PTAB’s written description analysis

    February / March 2020
    Newsletter: Ideas on Intellectual Property Law

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    Word count: 635

    Abstract: The Patent Trial and Appeal Board (PTAB) doesn’t always get it right. This was demonstrated once again in a case where the U.S. Court of Appeals for the Federal Circuit found that the board had improperly failed to consider some vital factors when evaluating whether a patent application contained the requisite written description of the invention. This article highlights the disagreement between the PTAB and the appellate court. In re: Global IP Holdings LLC, No. 18-1426, July 5, 2019, Fed. Cir.

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  • Actual consumer confusion irrelevant in trademark profits determination

    February / March 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 581

    Abstract: It’s easy to understand why willful infringement deserves a harsher punishment than nonwillful infringement. But it’s not always so easy to understand the type of conduct that gives rise to the level of “willful.” This article discusses a case from the U.S. Court of Appeals for the Second Circuit that provided some helpful guidance on this issue, as well as the evidence required to justify an award of the infringer’s profits. 4 Pillar Dynasty LLC v. New York & Co., Inc., No. 17-2398, July 5, 2019, 2d Cir.

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  • Auto parts’ aesthetic appeal doesn’t invalidate design patents

    February / March 2020
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 834

    Abstract: Holders of design patents received some welcome news recently from a case in which some auto parts distributors sought declaratory judgment for invalidity of design patents to sell parts that were covered by a major vehicle manufacturer’s designs. This article reviews a case from the U.S. Court of Appeals for the Federal Circuit that sheds some valuable light on the type of functionality that can render a design patent invalid — and the type that won’t — as well as the importance of design patents. A short sidebar reviews the exhaustion and repair doctrines’ roles in the case. Automotive Body Parts Ass’n v. Ford Global Techs., LLC, No. 18-1613, July 11, 2019, Fed. Cir.

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  • SCOTUS strikes down ban on immoral or scandalous trademark registration

    Year End 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 441

    Abstract: Just two years after ruling that a ban against the registration of disparaging trademarks was a violation of the First Amendment and thus unconstitutional, the U.S. Supreme Court has proven that it wasn’t a fluke. It recently held that a ban against registration of immoral or scandalous trademarks is unconstitutional as well. This article summarizes the case and how the decision implicates previously rejected and pending trademarks found to have violated the bar. Iancu v. Brunetti, No. 18-302, June 24, 2019, U.S.

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  • Limited protection – Inaccurate statement forfeits copyright infringement claim

    Year End 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 684

    Abstract: Creative works are generally subject to copyright protection even without registration with the U.S. Copyright Office. But there are a number of important advantages to securing Copyright Registration — including the ability to file suit for copyright infringement. Normally, a registration certificate provides sufficient evidence of a valid registered copyright. However, inaccurate information in the certificate can invalidate the registration. This article examines a recent case in which the holder of one such certificate not only lost out on its ability to pursue an infringement claim, but also ended up on the hook for the would-be defendants’ attorneys’ fees and costs. Gold Value Int’l Textile, Inc. v. Sanctuary Clothing, LLC, No. 17-55818, June 4, 2019, 9th Cir.

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  • It’s official – Supreme Court says government isn’t a person ― for patent purposes

    Year End 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 551

    Abstract: Patentees welcomed a recent U.S. Supreme Court decision that significantly reduces the pool of potential challengers to the validity of existing patents. This article highlights a ruling finding that federal governmental agencies can’t take advantage of three patent review processes created less than a decade ago — because the federal government isn’t a “person” under patent law. Return Mail, Inc. v. U.S. Postal Service, No. 17-1594, June 10, 2019, U.S.

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  • Sink or swim: Precise patent language scuttles infringement lawsuit

    Year End 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 845

    Abstract: Generally, using precise and careful language in a patent application is wise. But providing a precise numerical value can work against a patentee when it comes time to bring an infringement claim. This article discusses a recent case in which a boat manufacturer learned this lesson the hard way when it sued a rival for infringement. A short sidebar covers the doctrine of equivalents and whether this doctrine could save the patent. Cobalt Boats, LLC v. Brunswick Corp., No. 18-1376, May 31, 2019, Fed. Cir.

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