Our daily update covering current events.


  • Direct Live Senator Coons AIPLA Q&A with Senator Chris Coons

    August 4, 2020

    In this edition of AIPLA Direct Live, AIPLA President Barbara A. Fiacco asks the Honorable Chris Coons, United States Senator from Delaware, about the state of the intellectual property landscape.
  • Sports Betting web FanDuel Loses Bid to Invalidate Part of Remote Gambling Patent

    August 3, 2020

    The Federal Circuit on July 29, 2020, held that FanDuel, the US bookmaker and daily fantasy sports provider, failed to show that part of a competitor’s remote gambling patent was invalid as obvious.
  • USPTO-WEB Patent Office To Update Conduct Rules to Meet ABA Standard

    July 31, 2020

    The US Patent and Trademark Office on July 30, 2020, issued a proposed rule to update its professional conduct rules to more closely align with American Bar Association guidelines.
  • Puerto Rico web Puerto Rican Tax Firm Loses Trade Secrets Case at First Cir.

    July 30, 2020

    The First Circuit on July 22, 2020, held that a San Juan, Puerto Rico-based tax planning and consulting firm can’t hold a former employee liable for misappropriating trade secrets or breaching a nondisclosure agreement.
  • ATS-web Australian Company Has Standing to Challenge ‘Naked’ Trademark, Says Fed. Cir.

    July 29, 2020

    The US Court of Appeals for the Federal Circuit on July 27, 2020, held that Australian Therapeutic Supply Pty. Ltd. (ATS), an Australian condom maker, can challenge a trademark registration for the mark “Naked” despite the fact that ATS contracted away its proprietary rights in its unregistered marks.
  • Main_Building_(University_of_Texas_at_Austin)_-_DSC08595-web U of Texas Can’t Be Pulled Into Patent Suit, Fed. Cir. Says

    July 28, 2020

    The University of Texas (UT) can’t be added as an involuntary plaintiff in an infringement suit over two medical treatment patents because of sovereign immunity, the Federal Circuit said on July 24, 2020.
  • The Commodores 400x200 Commodores’ Award for Former Member’s Trademark Use Affirmed

    July 27, 2020

    The Commodores, the American soul and funk band, is entitled to damages for both the US and European misuse of its trademarks by former member Thomas McClary, the Eleventh Circuit said on July 23, 2020.
  • Curse of the Black Pearl 400x200 Disney’s Win in ‘Pirates’ Copyright Suit Reversed by Ninth Cir.

    July 24, 2020

    The US Court of Appeals for the Ninth Circuit on July 22, 2020, revived a copyright suit brought by writers Arthur Lee Alfred II and Ezequiel Martinez Jr. and producer Tova Laiter alleging that Walt Disney Co. ripped off a screenplay for the first “Pirates of the Caribbean” film.
  • andpizza v atpizza thumbnail &pizza Loses Copyright Claims Against UK Replica @pizza

    July 23, 2020

    The US Court of Appeals for the District of Columbia Circuit on July 17, 2020, dismissed American fast casual pizza restaurant &pizza’s copyright suit against the operator of the “@pizza” restaurant in Edinburgh, Scotland, because it failed to show that @pizza violated their copyright and that the restaurant would harm their US commerce.
  • USPTO Publishes Report on Trends of US Women Inventors USPTO Releases Updated Study on Participation of Women in The US Innovation Economy

    July 22, 2020

    The new report updates the previous findings based on a review of an additional nearly one million issued patents and three years of new data, and it provides further insights into the participation of women in America’s intellectual property systems.
  • USPTO Crest USPTO Patent Center Beta Webinars

    July 21, 2020

    Patent Center is a new tool for electronic filing and management of patent applications in a single, unified interface.
  • Van Halen Guitar 400 Metropolitan Museum of Art Escapes Copyright Claims Over Van Halen Photo

    July 20, 2020

    A photograph of legendary guitarist Eddie Van Halen displayed without permission on the Metropolitan Museum of Art’s (Met) “Play It Loud: Instruments of Rock & Roll” online exhibition did not violate copyright law because its use was for historical purposes and was therefore protected by the fair use exception, said the US District Court for the Southern District of New York on July 14, 2020.
  • 1024px-Tasuku_Honjo_EM1B5592_(46157218222) web Researchers Remain Co-Inventors on Nobel Winner’s Cancer Patents

    July 17, 2020

    A Nobel Prize winner’s fellow researchers must be named on his cancer immunotherapy patents, the US Court of Appeals for the Federal Circuit held on July 14, 2020.
  • USPTO PTAB Releases Update to Motion to Amend Study

    July 16, 2020

    The Patent Trial and Appeal Board (PTAB) has published the sixth installment of its Motion to Amend Study.
  • united-nations-covid-19-response-m6OZNfmo2Dk-unsplash-WEB Copyright Office Further Extends Certain Timing Provisions Due to COVID-19

    July 14, 2020

    The Copyright Office is further extending the temporary adjustments to certain timing provisions under the Copyright Act for persons affected by the COVID-19 national emergency.
  • Toyota web Toyota Fails to Revive Patent on Fingerprint-Reducing Coating

    July 13, 2020

    The US Court of Appeals for the Federal Circuit on July 10, 2020, affirmed the invalidation of Toyota Motor Corp.’s patent on a coating for reducing the appearance of fingerprints on touchscreen displays. Toyota Motor Corp. v. Reactive Surfaces Ltd., Fed. Cir., No. 18-1906, unpublished 7/10/20.
  • Youtube 400x200 YouTube Can’t Be Forced to Fully Identify Piracy Culprits in EU

    July 10, 2020

    Google’s Youtube cannot be required to hand over the IP addresses, telephone numbers, or email addresses of its users who have uploaded copyright-infringing films to its platform, the Court of Justice of the European Union held on July 9, 2020. C‑264/19, Constantin Film Verleih GmbH v YouTube LLC and Google Inc., 2020 E.C.R.
  • ECT 400x200 Patent Owner History of Abusive Suits Mandates New Fees Look

    July 9, 2020

    The Federal Circuit on July 1, 2020, said that a Florida federal court failed to properly consider a patent owner’s history of frivolous litigation when it denied a request for attorneys’ fees from the owner’s latest target. Elec. Commc’n Techs LLC v. LLC, Fed. Cir., No. 19-2087, 7/1/20.
  • Drilling web Unaltered Password Dooms Copyright Claims for Drilling Company

    July 8, 2020

    The Fifth Circuit on June 2, 2020, ruled that Digital Drilling Data Systems can’t pursue copyright claims against a competitor that scraped data from a program built using an open source database, because the program wasn’t effectively secured, and the copied program wasn’t substantially similar. Digital Drilling Data Syst. v. Petrolink Serv. Inc., 5th Cir., No. 19-20116, 7/2/20.
  • POP POP Says PTAB Should Not Have Raised Its Own Ground of Unpatentability

    July 7, 2020

    The Precedential Opinion Panel (POP) on July 6, 2020, issued a new decision regarding when the Board can raise new arguments in deciding a motion to amend. Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, IPR2018-00600 (PTAB July 6, 2020) (Paper 67).