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. 

 

  • negative-space-textured-grey-fabric-400 Website Lacking Ordering Details Fails Use-in-Commerce Test

    April 11, 2019

    A 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.
  • negative-space-parked-red-race-car-400 CAFC Orders New Trial in Remote Vehicle Control Case

    April 10, 2019

    The 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.
  • USPTO PTAB Designates Huawei Decision as Precedential

    April 9, 2019

    The 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 Crest USPTO “Motion to Amend” Patent Quality Chat

    April 8, 2019

    The 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.
  • shutterstock_479614822-400 Sovereign Immunity Bars Copyright Suit Against Hospital

    April 5, 2019

    Sovereign 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.
  • Annotation 2019-04-04 102335-400 Cleveland Clinic Heart Disease Patent Invalid

    April 4, 2019

    The US Court of Appeals for the Federal Circuit on April 1, 2019, held the Cleveland Clinic Foundation’s heart disease detection patent invalid because the claims of the patent were directed to a natural law and recited no other inventive concept.
  • shutterstock_84884929-400 Kroma EU Has No Standing to Sue Kardashian Sisters

    April 3, 2019

    The Eleventh Circuit on April 1, 2019, held that Kroma EU, a European cosmetics company, lacked standing to sue the Kardashian sisters for trademark infringement in the US.
  • Data Compression Federal Circuit Reverses IBM Patent Invalidation

    April 2, 2019

    The Court of Appeals for the Federal Circuit on April 1, 2019, held that the Patent Trial and Appeal Board (PTAB) must reconsider its decision to invalidate IBM’s U.S. Patent No. 7,631,346; the patent is related to a system for reducing authentication burdens by allowing a user to sign-in only once while accessing multiple applications.
  • shutterstock_1203587437-400 Brexit and the European Patent System

    April 1, 2019

    The UK is due to leave the European Union – an economic and political partnership of 28 countries – ending 46 years of British membership. But the exact timing remains unclear.
  • PIXNIO-253705-400x200 5th Circuit Declines to Disgorge Profits in False Advertising Suit

    April 1, 2019

    The United States Court of Appeals for the Fifth Circuit on March 26, 2019, affirmed a district court ruling which declined to disgorge Becton Dickinson & Co.’s (BD) profits despite the fact the syringe maker was found liable by a jury on multiple Lanham Act violations.
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