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.
CAFC Affirms Samsung’s IPR Win
May 28, 2019The United States Court of Appeals for the Federal Circuit on May 23, 2019, found Papst Licensing GMBH & Co.'s software patent, which is related to a software interface device with high data transfer rates, invalid because it was covered by other patented technology and published research.
Lawmakers Release Draft to Reform Section 101
May 28, 2019In a May 22, 2019 press release, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, Representative Doug Collins (R-GA), Ranking Member of the House Judiciary Committee, Representative Hank Johnson (D-GA), Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, and Representative Steve Stivers (R-OH) released a bipartisan, bicameral draft bill that would reform Section 101 of the Patent Act.
Licensee Retains Trademark Rights Despite Debtor-Licensor Rejection of Agreement in Bankruptcy
May 21, 2019Under § 365 of the Bankruptcy Code, a debtor-licensor's "rejection" of a contract operated as a breach of the contract and not as a rescission, the Supreme Court held May 20, 2019. Mission Product Holdings Inc. v. Tempnology, LLC, US, No. 17-1657, 5/22/2019.
Competitor Lacks Standing to Appeal PTAB Decision
May 21, 2019The United States Court of Appeals for the Federal Circuit on May 13, 2019, held that AVX Corp., a manufacturer of electronic components, did not have standing to challenge the Patent Trial and Appeal Board's (PTAB) decision not to invalidate a competitor’s patent. AVX Corp. v. Presidio Components, Inc., Fed. Cir., No. 2018-1106, 5/13/19.
Arthritis Pain Reliever Vimovo Invalidated
May 16, 2019The United States Court of Appeals for the Federal Circuit on May 15, 2019, invalidated two of Horizon Therapeutics PLC’s patents for arthritis pain reliever drug Vimovo.
‘Swagway’ Hoverboards Trademark Infringes Segway
May 14, 2019The United States Court of Appeals for the Federal Circuit (Federal Circuit) on May 9, 2019, affirmed an International Trade Commission (Commission) finding that “Swagway” hoverboards infringed Segway Inc.'s trademarks. Swagway, LLC v. Int’l Trade Comm’n, Fed. Cir., No. 18-1672, 5/9/19.
USPTO Modifies Patent Term Adjustment Procedures
May 13, 2019The United States Patent and Trademark Office (USPTO) on May 9, 2019, issued a notice concerning modifying its patent term adjustment procedures in view of the decision by the US Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus).
USTR To Raise China Tariffs
May 10, 2019The United States Trade Representative on May 9, 2019, issued a notice that it is modifying the action being taken in its Section 301 investigation into China’s policies and practices related to technology transfer, intellectual property, and innovation. 84 Fed. Reg. 20459.
Second Circuit Upholds Hasidic Jewish Trademark Arbitration Award
May 9, 2019The United States Court of Appeals for the Second Circuit on May 1, 2019, upheld an arbitration award in a trademark dispute over the use of the mark “Bobov” within a Hasidic Jewish community. Landau v. Eisenberg, 2d Cir., No. 17-3963, 5/1/19.
Microsoft Escapes Copyright Claims for Misappropriation of DRM Tech
May 6, 2019The Court of Appeals for the Ninth Circuit on May 2, 2019, upheld the dismissal of Media Rights Technologies Inc.’s (MRT) copyright infringement claims against Microsoft Corp., ruling that MRT should have raised the claims in its 2013 patent infringement suit against Microsoft.