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. 

 

  • Surgical ‘Minor Variation’ in Wording Not Enough to Throw Out PTAB Ruling

    August 29, 2019

    The US Court of Appeals for the Federal Circuit on August 21, 2019, held that a “minor variation in wording” between Smith & Nephew, Inc.’s IPR petition and the PTAB’s decision doesn’t justify throwing out the ruling.
  • AI USPTO Seeks Comments on AI Patent Issues

    August 28, 2019

    The US Patent and Trademark Office on August 27, 2019, issued a Federal Register Notice requesting comments on artificial intelligence patent issues.
  • Ennio Morricone Oscar-Winning Composer Gets Victory in Copyright Assignment Dispute

    August 27, 2019

    The US Court of Appeals for the Second Circuit on August 21, 2019, held that Ennio Morricone, an Academy Award-winning Italian composer, can terminate an assignment of copyrights for six film scores he created in the late 1970s and early 1980s.
  • Double Dare Viacom ‘Double Dare’ Trademark Declaration Will Have to Wait

    August 22, 2019

    The US District Court for the Southern District of New York held that Viacom’s request for declaration of its “Double Dare” trademark was too premature to be heard, as the alleged harm from Armstrong Interactive’s trademark registration applications was too speculative.
  • PC Toolbar Courts Must Settle Claims Construction Dispute Pre-Dismissal

    August 20, 2019

    The US Court of Appeals for the Federal Circuit on August 16, 2019, held that the District Court for the Northern District of California erred when it dismissed a patent infringement case based on patent ineligibility without first settling a claim construction dispute.
  • Dog Invalidity Finding Affirmed for Dog Gene Patent

    August 16, 2019

    The US Court of Appeals for the Federal Circuit on August 9, 2019, held that the University of Bern, a Swiss university, could not claim sovereign immunity to stop a challenge to its patent related to the detection of a mutation in dog DNA.
  • Lawnmower Lawnmower Steering Patent Invalidation Reversed by Federal Circuit

    August 15, 2019

    The Federal Circuit on August 12, 2019, reversed the Patent Trial and Appeal Board’s (PTAB) invalidation of patent claims covering a lawnmower steering mechanism, holding that the Board’s decision was “predicated on its incorrect claim construction” of the term “mechanical control assembly.”
  • Networking Federal Circuit Rules for AT&T in Networking Patent Dispute

    August 13, 2019

    The US Court of Appeals for the Federal Circuit on August 12, 2019, affirmed a lower court’s ruling that AT&T Mobility LLC and Ericsson Inc. didn’t infringe Iridescent Networks Inc.’s networking patent.
  • Hylete Thumbnail Hylete Bid to Register ‘H’ Trademark for Athletic Apparel Fails

    August 7, 2019

    The US Court of Appeals for the Federal Circuit on August 1, 2019, held that Hylete, an athletic performance apparel company, could not undo the Trademark Trial and Appeal Board’s decision to reject its trademark application.
  • PTAB Precedential Decision PTAB Designates Two Decisions as Precedential

    August 6, 2019

    The US Patent and Trademark Office on August 2, 2019, designated two Patent Trial and Appeal Board (PTAB) decisions as precedential and another as informative.
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