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.
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.
Cleveland Clinic Heart Disease Patent Invalid
April 4, 2019The 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.
Kroma EU Has No Standing to Sue Kardashian Sisters
April 3, 2019The 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.
Federal Circuit Reverses IBM Patent Invalidation
April 2, 2019The 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.
Brexit and the European Patent System
April 1, 2019The 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.
5th Circuit Declines to Disgorge Profits in False Advertising Suit
April 1, 2019The 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.