IIP

Showing 49–64 of 276 results

  • Confidential sales can trigger the on-sale bar to patentability

    June / July 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 420

    Abstract: The U.S. Supreme Court has unanimously defeated an attempt to limit the on-sale bar in cases where an invention was sold under a confidentiality agreement. This article looks at why the secrecy about the details might keep the sale from public knowledge, but it can still block a patent under the America Invents Act (AIA). Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229, Jan. 22, 2019, U.S. Sup. Ct.

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  • Music platform hits a sour note – Resale of digital music violates Copyright Act

    June / July 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 587

    Abstract: The introduction of digital works has raised a variety of questions about how the Copyright Act applies in the modern age. But one thing is now clear: Neither the first-sale doctrine nor the fair use defense allows the resale of copyrighted digital music files. This article summarizes a recent case that tackled these doctrines. Capitol Records, LLC v. ReDigi Inc., No. 16-2321, Dec. 18, 2018, 2d Cir.

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  • Lens manufacturer loses the blame game – Circumstantial evidence seals induced patent infringement liability

    June / July 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 637

    Abstract: It may seem apparent to patentees when someone is inducing third parties to infringe their patents, but it’s not always easy to prove in a court of law. The U.S. Court of Appeals for the Federal Circuit, which hears all patent-related appeals, recently provided a welcome reminder that sometimes circumstantial evidence can go a long way. This article reviews the court’s discussion regarding evidence requirements, as well as the proper calculation of lump-sum reasonable royalty damages. Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd., No. 16-2599, Nov. 19, 2018, Fed. Cir.

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  • When a surname can be registered as a trademark

    June / July 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 862

    Abstract: Family businesses often like to use their surname as a mark for their products and services, whether as a point of pride or simply because they feel the name is memorable. These businesses can run into obstacles, though, when it comes time to register trademarks with the surname. This article summarizes a prolonged court battle over one such mark showing how problems can arise — and how businesses can overcome them. A short sidebar discusses why the opposers’ First and Fifth Amendment claims also failed. Schlafly v. St. Louis Brewery, LLC, No. 17-1468, Nov. 26, 2018, Fed. Cir.

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  • Can you sue foreign corporations for trademark infringement?

    April / May 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 485

    Abstract: E-commerce has allowed foreign corporations to reach new customers far beyond their borders. Sales to U.S. customers, though, might open up a foreign company to litigation in the United States. This article summarizes a decision by the U.S. Court of Appeals for the First Circuit shedding light on how a foreign defendant can land in federal court for alleged trademark infringement. Plixer Int’l, Inc. v. Scrutinizer GmbH, No. 18-1195, Sept. 13, 2018, 1st Cir.

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  • How ranges described in prior art trigger obviousness presumption

    April / May 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 537

    Abstract: Some patents specify ranges to account for variability ¬— for example, a range of temperatures in which a process occurs. These types of patents can run into obviousness issues that can invalidate them if the range overlaps with ranges detailed in so-called “prior art.” This article explains why patentees in such cases aren’t totally out of luck, though, as they have the opportunity to rebut the presumption of obviousness. E.I. DuPont de Nemours & Co. v. Synvina C.V., No. 17-1977, Sept. 17, 2018, Fed. Cir.

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  • Stairway back to court – Erroneous jury instructions trip up copyright verdict

    April / May 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 708

    Abstract: The 2016 ruling by a trial court in a copyright infringement case over Led Zeppelin’s classic rock anthem “Stairway to Heaven” garnered a lot of attention. The U.S. Court of Appeals for the Ninth Circuit has now sent the case back to the trial court (which ruled in the band’s favor). This article looks at the court’s ruling, which provides some valuable light on how to prove copyright infringement of music in the process. Skidmore v. Led Zeppelin, No. 16-56057, Sept. 28, 2018, 9th Cir.

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  • Print still matters – Trade show catalog bars patent

    April / May 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 825

    Abstract: The U.S. Patent and Trademark Office won’t consider an invention novel enough to qualify for a patent if a publicly available printed publication “anticipated” it. With a recent ruling, the U.S. Court of Appeals for the Federal Circuit (which hears all appeals concerning patents) provided some guidance on how it determines whether a publication was publicly available on the relevant date. This article reviews the case and the court’s opinion and includes a short sidebar highlighting the effect of the U.S. Supreme Court’s decision in SAS Institute, Inc. v. Iancu, mandating that the Patent Trial and Appeal Board must institute inter partes review either on all of the claims a petitioner has challenged or none of them. Nobel Biocare Svcs. AG v. Instradent USA, Inc., No. 17-2256, Sept. 13, 2018, Fed. Cir. SAS Institute, Inc. v. Iancu, No. 16–969, April 24, 2018, S.Ct.

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  • Court blocks trademark for sports shop

    February / March 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 471

    Abstract: Registration of a trademark hinges, in part, on whether there is a likelihood of confusion with an earlier application or registration. This article examines a recent case in which a sports specialty shop learned that the trademark it sought for registration was considered likely to be confused with that of a private social club. In re Detroit Athletic Co., No. 17-2361, Sept. 20, 2018, Fed. Cir.

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  • What’s fair in copyright and trademark… Alleged infringement of technical standards raises questions

    February / March 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 646

    Abstract: Thousands of private organizations produce technical standards, some of which are incorporated into laws by federal, state and local governments. A federal court of appeals recently considered whether these organizations can invoke copyright and trademark laws to prevent the unauthorized copying and distribution of such works. This article reviews the case in which the court failed to provide a conclusive answer, focusing instead on fair use matters. American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035, July 17, 2018, D.C. Cir.

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  • Factual compilation qualifies for “thin” copyright

    February / March 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 573

    Abstract: More and more personal information is collected every day, but some of the most valuable consumer data continues to be pairings of names and addresses. Companies build massive databases that compile this information — but are these compilations protected by copyright? This article discusses when these compilations may have copyright protection and whether that protection may be considered “thin.” Experian Information Solutions, Inc. v. Nationwide Marketing Services, Inc., No. 16-16987, June 27, 2018, 9th Cir.

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  • Read all about it! Printed publication bars patents on drug tracking system

    February / March 2019
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 844

    Abstract: How often do people browse the Federal Register? For most people, the answer probably is never. But if they want to patent an invention that falls within the regulations of a federal agency like the U.S. Food and Drug Administration (FDA), the Federal Register might trip them up. This article looks at how it did just that for one patent applicant. A sidebar notes that indexing or searchability is unnecessary for a reference to be a printed publication for prior art purposes. Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC, No. 17-1671, July 13, 2018, Fed. Cir.

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  • Phonetic alphabet fails patent-eligibility test

    Year End 2018
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 409

    Abstract: Despite what movies and television shows might suggest, not every great idea is worthy of — or, more importantly, eligible for — a patent. The inventor of a new phonetic alphabet learned this lesson the hard way. This article discusses a case in which the court found that the phonetic alphabet was a patent-ineligible abstract idea. In re Wang, No. 17-1827, June 20, 2018, Fed. Cir.

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  • Shot down – Photogs lose DMCA case over metadata removal

    Year End 2018
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 621

    Abstract: More than two decades after its enactment, portions of the Digital Millennium Copyright Act (DMCA) continue to confound both copyright holders and accused infringers. What, for example, must a copyright holder establish to win a lawsuit over removal of copyright management information (CMI)? This article looks at a U.S. Court of Appeals for the Ninth Circuit decision that provided some clarity on the issue in a case involving digital photographs. Stevens v. CoreLogic, Inc., No. 16-56089, June 20, 2018, 9th Cir.

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  • Supreme Court allows patent owner to recover lost foreign profits

    Year End 2018
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 544

    Abstract: A new U.S. Supreme Court ruling brings welcome news to patent holders who have found their inventions infringed overseas. The Court held that plaintiffs can recover lost foreign profits generated by the unlawful shipping of U.S. parts abroad for assembly into an infringing product. This article reviews the extraterritorial application of federal laws as applied in this case. WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, June 22, 2018, U.S.

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  • Federal Circuit revives soda trademark battle over “ZERO”

    Year End 2018
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 886

    Abstract: When most people hear the word “generic,” it brings to mind a consumer product without a brand name. But its meaning is much more significant in the trademark world, where a term deemed generic isn’t eligible for trademark protection. This article summarizes a recent opinion by the U.S. Court of Appeals for the Federal Circuit that clarified the test for so-called genericness. A brief sidebar discusses when and how a descriptive mark may acquire distinctiveness. Royal Crown Co., Inc. v. The Coca-Cola Co., No. 16-2375, June 20, 2018, Fed. Cir.

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