Topics

Artificial Intelligence (AI)

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for Another DayFair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSSThe Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP Rights

Attorney Fees

Affirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the FieldWrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPRMake Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Cannabis

Cannabis & Trademarks: Protecting Your StashUp In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

Claim Construction

One Question Too Few: A Win on Eligibility Undone by the Verdict FormA Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug PatentsBissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Copyright

Is “Material Contribution” to Another’s Infringement Enough to Establish Liability for Contributory Copyright Infringement?The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching EffectsBeyond Boilerplate: Making IP Warranties Work in Tech Transactions

Design Patents

When Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment CaseSome Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous ArtAttempts to Drive the Obviousness Standard for Design Patents Similar to KSR Failed

Doctrine of Equivalents

A Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug PatentsBissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Domestic Industry

Bissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Eligibility

One Question Too Few: A Win on Eligibility Undone by the Verdict FormAffirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the Field

Enablement Requirements

Pharmaceutical Patent Written Description and Enablement Headaches? The Federal Circuit Clarifies a CureMore Antibody Claims Falling Under Post-Amgen ScrutinySupreme Court Delivers the Final Blow to Amgen

Exceptional Case

Affirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the FieldWrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPRBoring Down on Unexceptional Arguments for Exceptionality

Expert Testimony

Bissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Fair Use

Fair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSS

Franchise

When Does a Trademark License Turn into a Franchise?

Fraud

Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

Incontestability

Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

Inequitable Conduct

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Intellectual Property

6 Questions to Ask Before Filing an IPR PetitionHikma v. Amarin and a Clarified Standard for Induced Patent Infringement Under 35 U.S.C. § 271(b)The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching Effects

Inventorship

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal CircuitOne Europe, One Patent? New European Unitary Patent Comes into Effect June 1Bacon and a Heavy Burden: Significant Contribution Required To Be a Joint Inventor

IP & Competitive Practices Litigation

6 Questions to Ask Before Filing an IPR PetitionHikma v. Amarin and a Clarified Standard for Induced Patent Infringement Under 35 U.S.C. § 271(b)Federal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate Review

ITC

Standing Firm After Round One, But Going Nowhere After Round TwoJurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are LimitedFederal Circuit Vaporizes Phillip Morris’s Obviousness Challenge in “a Close One”

Motion to Amend

Recharged and Ready to Go?

Motion to Dismiss

Hikma v. Amarin and a Clarified Standard for Induced Patent Infringement Under 35 U.S.C. § 271(b)A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility RulingRecharged and Ready to Go?

Name, Image & Likeness

Penalty Flag Thrown: Former Florida Gator Sues to Void Controversial NIL ContractAnother Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation ActNIL Tug of War: Evolving State NIL Laws and the Prospects of a Federal NIL Bill

NLRA

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

NLRB

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Noncompete Agreements

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Obviousness

A Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug PatentsFederal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate ReviewSpring Has Sprung Obviousness Trends from the Federal Circuit

Patent Applications

One Europe, One Patent? New European Unitary Patent Comes into Effect June 1Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in AshesSearching for Claim Support in a Patent Specification? You Better Blaze a Trail

Patent Infringement

One Question Too Few: A Win on Eligibility Undone by the Verdict Form6 Questions to Ask Before Filing an IPR PetitionHikma v. Amarin and a Clarified Standard for Induced Patent Infringement Under 35 U.S.C. § 271(b)

Patent Law

One Question Too Few: A Win on Eligibility Undone by the Verdict Form6 Questions to Ask Before Filing an IPR PetitionHikma v. Amarin and a Clarified Standard for Induced Patent Infringement Under 35 U.S.C. § 271(b)

Patent Specification

A Bitter pH-ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug PatentsFowl Play: Federal Circuit Rules "About" Too Vague to FlyWhen Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment Case

Patent Trial and Appeal Board (PTAB)

6 Questions to Ask Before Filing an IPR PetitionWrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPRFederal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate Review

Prosecution

Fowl Play: Federal Circuit Rules "About" Too Vague to FlyThe Long Con Otherwise Known as Prosecution Laches

Sanctions

Wrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPRStill No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

SCOTUS

Is “Material Contribution” to Another’s Infringement Enough to Establish Liability for Contributory Copyright Infringement?The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching EffectsTrademarking History: Justices Uphold Names Clause, Clash Over Reasoning

Section 337

Bissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Trademark

Taking Flight on Another’s Wings: Examining the Potential Abandonment of Twitter’s Iconic TrademarksConsistency is Key with DuPont FactorsSecuring Your Tech Brand: Smart Trademark Strategies for Startups and Beyond

TTAB

Consistency is Key with DuPont FactorsEarmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTABFederal Circuit Reverses Trademark Board: The KIST vs. SUNKIST Confusion

USPTO

6 Questions to Ask Before Filing an IPR PetitionWrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPRTaking Flight on Another’s Wings: Examining the Potential Abandonment of Twitter’s Iconic Trademarks