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.
Lawmakers Release Framework to Reform Section 101
April 22, 2019On April, 17, 2019, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), and Representatives Doug Collins (R-GA), Hank Johnson (D-GA), and Steve Stivers (R-OH), released a bipartisan, bicameral framework to reform Section 101 of the Patent Act.
PTAB Designates Three Decisions as Precedential
April 19, 2019The USPTO on April 16, 2019, designated three PTAB decisions as precedential.
Supreme Court Hears Argument on Constitutionality of Scandalous Trademark Ban
April 17, 2019The Supreme Court on April 15, 2019, heard oral argument in the Brunetti case on whether the statutory ban on registering “immoral ... or scandalous” trademarks violates the First Amendment. Iancu v. Brunetti, U.S., No. 18-302, oral argument 4/15/2019.
USPTO to Host Free Seminars on Protecting IP in China
April 15, 2019The US Patent and Trademark Office will begin hosting free seminars on protecting your IP in China. The new series of road shows will be geared towards businesses, individuals, and attorneys looking to hear about strategies for better protecting intellectual property in China.
Ohio State Loses Trademark Infringement Suit Against Redbubble
April 12, 2019The United States District Court for the Southern District of Ohio on April 1, 2019, held that Redbubble, Inc. was not liable for direct infringement of several of Ohio State University’s trademarks. The Ohio State Univ. v. Redbubble Inc., S.D. Ohio, No. 17-cv-1092, 3/29/19.
Website Lacking Ordering Details Fails Use-in-Commerce Test
April 11, 2019A website for goods that lacks any ordering information such as cost, payment options, minimum quantities, and shipping information is insufficient proof of the goods’ use in commerce when applying for trademark registration, the US Court of Appeals for the Federal Circuit held on April 10, 2019. In Re: Siny Corp., Fed. Cir., No. 2018-1077, 1/14/19.
CAFC Orders New Trial in Remote Vehicle Control Case
April 10, 2019The US Court of Appeals for the Federal Circuit on April 8, 2019, upheld the validity of Omega Patents, LLC’s remote vehicle control patents, but, ordered a new trial on whether Cal Amp Corp. induced infringement. Omega Patents, LLC v. CalAmp Corp., Fed. Cir., No. 2018-1309, 4/8/19.
PTAB Designates Huawei Decision as Precedential
April 9, 2019The PTAB on April 5, 2019, designated as precedential Huawei Device Co., Ltd. v. Optis Cellular Technology, LLC, Case IPR2018-00816 (PTAB Jan. 8, 2019) (Paper 19). The decision provides guidance as to the procedure for submitting new evidence with a rehearing request and explains that a party must show good cause for submitting new evidence.
USPTO “Motion to Amend” Patent Quality Chat
April 8, 2019The United States Patent & Trademark Office will host its next Patent Quality Chat webinar, entitled “New pilot program for motions to amend in AIA trial proceedings,” which will be broadcast on April 9, from noon to 1 p.m. ET.
Sovereign Immunity Bars Copyright Suit Against Hospital
April 5, 2019Sovereign immunity bars a federal copyright infringement claim against a public hospital, the United States District Court for the Western District of Missouri ruled on March 7, 2019.
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