News & Publications
Find our latest news and analysis here. From the daily Newsstand to the Quarterly Journal, we cover the full breadth of intellectual property law.
Spigen Cellphone Case-Design Patent Revived by Fed. Cir.
April 27, 2020The US Court of Appeals for the Federal Circuit on April 17, 2020, held that a lower court erred when it invalidated three Spigen Korea Co. design patents covering cellphone cases.
USPTO Releases Report on Patent Examination Outcomes After Alice
April 24, 2020The report highlights how recent actions undertaken by the USPTO have brought greater predictability and certainty to the determination of patent eligibility in the technology areas most affected by the decision.
Supreme Court Finds Willfulness Not Required for Trademark Profit Award
April 23, 2020On April 23, 2020, the United States Supreme Court vacated and remanded the US Court of Appeals for the Federal Circuit's decision in Romag Fasteners, Inc. v. Fossil, Inc., No. 2018-2417 (Fed. Cir. 2019), ruling that a plaintiff is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award.
Hologic Loses Bid to Block Minerva’s Surgical Products
April 23, 2020The US Court of Appeals for the Federal Circuit on April 22, 2020, rejected Hologic, Inc.’s attempt to block sales for Minerva Surgical, Inc.’s surgical products.
Guitar Maker Evades Copyright Claims Over Pantera Guitar Design
April 22, 2020The US Court of Appeals for the Eleventh Circuit on April 16, 2020, affirmed a lower court ruling denying successful guitar maker and technician Buddy Webster’s copyright infringement claims against Dean Guitars.
‘Stratus’ Trademark Ruling on Confusion With ‘Strata’ Upheld
April 21, 2020The US Court of Appeals for the Federal Circuit on April 14, 2020, affirmed a Trademark Trial and Appeal Board (TTAB) ruling that denied registration of Stratus Networks Inc.’s trademark on the grounds of a likelihood of confusion with a trademark registered to UBTA-UBET Communications, Inc.
Supreme Court Says PTAB’s Time Bar Decisions Not Appealable
April 20, 2020The United States Supreme Court on April 20, 2020, held that 35 U.S.C. § 314(d), which states that the Patent Trial and Appeal Board's (PTAB) decision to institute an inter partes review (IPR) is nonappealable, also precludes judicial review of a time bar determination under 35 U.S.C. § 315(b).
Juul Wins ITC Order Blocking Rival Imports
April 20, 2020The International Trade Commission (ITC) on April 7, 2020, awarded and order to Juul Labs Inc. that blocks imports from four e-cigarette rivals.
TTAB Overstepped While Nixing Color Trademark, Court Says
April 17, 2020The US Court of Appeals for the Federal Circuit on April 8, 2020, held that the Trademark Trial and Appeal Board (TTAB) erred in ruling that an undefined color trademark on packaging can’t be distinctive enough for registration unless consumers already recognize it as an indicator of product source.
House & Senate Judiciary Lawmakers Seek Information on USPTO Operations Amidst COVID-19 Pandemic
April 16, 2020House & Senate Judiciary Lawmakers sent a letter to USPTO Director Andrei Iancu requesting information on the impact the coronavirus public health crisis has had on the operations of the USPTO.
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