IIP
Showing 113–128 of 336 results
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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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Why the Federal Circuit voted against a ballot verification patent
October / November 2018
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 454
Abstract: The U.S. Court of Appeals for the Federal Circuit, the court that hears all appeals of patent cases, continues to invalidate patents directed to abstract ideas. It applies the test established in 2014 by the U.S. Supreme Court. In a recent case, it ruled that a patent covering voting methods and systems providing for “auto-verification” of ballots was invalid as attempting to patent an abstract idea. This article examines whether the patent was abstract and in turn decided its patentability. Voter Verified, Inc. v. Election Systems & Software LLC, No. 2017-1930, April 20, 2018, Fed. Cir.
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All tied up – Court splits over trade dress, trademark claims
October / November 2018
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: In 2013, the Ninth Circuit Court of Appeals ruled that a trademark holder seeking a preliminary injunction after filing suit against an alleged infringer must establish the likelihood of irreparable harm, rather than relying on a presumption of harm. Not until this year, though, has the court elaborated on the kind of proof required. This article reviews the court’s recent ruling and sheds light on what does — and doesn’t — demonstrate irreparable harm. adidas America, Inc. v. Skechers USA, Inc., No. 16-35204, May 10, 2018, 9th Cir.
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D.C. Circuit tunes in to streaming content copyright issues
October / November 2018
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 661
Abstract: Streaming media has opened up a vast landscape of previously unavailable content for many. It’s also triggered an array of novel copyright infringement questions. This article discusses a case involving the streaming of content originating abroad into the United States, in which the D.C. Circuit Court of Appeals has tackled two previously unsettled questions about the scope of infringement liability under the Copyright Act. Spanski Enterprises, Inc. v. Telewizja Polska, S.A., No. 17-7051, March 2, 2018, D.C. Cir.
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Supreme Court patent update – Inter partes review survives constitutional challenge
October / November 2018
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 864
Abstract: Patent trolls are a significant nuisance to a range of industries. But the U.S. Supreme Court recently upheld a procedure that makes it easier for patent trolls’ potential victims to avoid prolonged litigation or costly settlements. This article discusses inter partes review (IPR) and the U.S. Supreme Court’s finding that this type of review is constitutional. A short sidebar highlights the Court’s decision as to whether to grant IPR of challenged patents on a claim-by-claim basis. Oil States Energy Services, LLC v. Greene’s Energy Group, No. 16-712, April 24, 2018, U.S. SAS Institute, Inc. v. Iancu, No. 16-969, April 24, 2018, U.S.