Our daily update covering current events.


  • Competitor Lacks Standing to Appeal PTAB Decision

    May 21, 2019

    The 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.
  • owen-beard-722582-unsplash-400 Arthritis Pain Reliever Vimovo Invalidated

    May 16, 2019

    The 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.
  • shutterstock_503168554-400 ‘Swagway’ Hoverboards Trademark Infringes Segway

    May 14, 2019

    The 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.
  • helloquence-51716-unsplash-400 USPTO Modifies Patent Term Adjustment Procedures

    May 13, 2019

    The 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).
  • shutterstock_148867166-400 USTR To Raise China Tariffs

    May 10, 2019

    The 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.
  • shutterstock_1233989791-400x200 Second Circuit Upholds Hasidic Jewish Trademark Arbitration Award

    May 9, 2019

    The 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-80658_640 Microsoft Escapes Copyright Claims for Misappropriation of DRM Tech

    May 6, 2019

    The 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.
  • negative-space-airplane-landing-airport-sebastian-grochowicz-400 DuPont Wins Patent Dispute Over Airplane Blankets

    May 6, 2019

    The Court of Appeals for the Federal Circuit on April 17, 2019, affirmed a district court’s ruling that Unifrax I LLC, a global specialty fibers company, infringed DuPont’s patent for materials in thermal-acoustic blankets that are installed in airplanes. E.I. du Pont de Nemours and Company v. Unifrax I LLC, Fed. Cir., No. 17-2575.
  • Adams-Morgan-400x200 Copying Photo for Local Film Fest Site Infringes Copyright

    May 2, 2019

    The United States Court of Appeals for the Fourth Circuit on April 26, 2019, reversed and remanded a “fair use” copyright decision, holding that Violent Hues’s unlicensed use of a commercial photographer’s photograph on their website failed all four factors of the fair use defense.
  • IPday2019-FB-banner-E-400 AIPLA Co-Sponsors World IP Day Events

    May 1, 2019

    AIPLA co-sponsored two spectacular events in Washington DC in celebration of World IP Day.
  • ustr_logo-4000 USTR Releases Special 301 Report & Review of Notorious Markets

    April 29, 2019

    The Office of the United States Trade Representative (USTR) on April 25, 2019, released its annual Special 301 Report on the adequacy and effectiveness of trading partners’ protection of intellectual property rights and the findings of its Notorious Markets List, which highlights online and physical markets that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting.
  • NIST_logo-400x200 NIST Releases Findings on Increasing the Innovation Impacts of Federally Funded R&D

    April 26, 2019

    The Department of Commerce’s National Institute of Standards and Technology on April 24, 2019, announced 15 key findings from a final version of a new “green paper” on maximizing U.S. innovation from government-funded research.
  • Maria-Strong-400 Maria Strong Appointed Director of Policy and International Affairs

    April 25, 2019

    The US Copyright Office on April 24, 2019, announced that Maria Strong will serve as Associate Register of Copyrights and Director of Policy and International Affairs at the United States Copyright Office, effective April 23, 2019.
  • negative-space-macbook-pro-charts-notebook-ballpen-400 Federal Circuit Invalidates E-Trading Patent

    April 24, 2019

    The US Court of Appeals for the Federal Circuit on April 18, 2019, invalidated three of Trading Technologies LLC’s patents on a user interface for electronic trading technology, affirming the Patent Trial and Appeal Board’s finding that the patents were ineligible under § 101 after the Board instituted Covered Business Method (CBM) Patent review.
  • negative-space-woman-working-laptop-400 USPTO Issues Notice on AIA Trial Proceedings

    April 23, 2019

    The US Patent and Trademark Office on April 22, 2019, issued a notice of information concerning existing office practice available to a patent owner during the pendency of a trial proceeding under the America Invents Act (AIA); specifically pertaining to the reissue and reexamination procedures available for amending claims involved in the trial. 84 Fed. Reg. 16654.
  • Thom-Tillis-Chris-Coons-400 Lawmakers Release Framework to Reform Section 101

    April 22, 2019

    On April, 17, 2019, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), and Representatives Doug Collins (R-GA), Hank Johnson (D-GA), and Steve Stivers (R-OH), released a bipartisan, bicameral framework to reform Section 101 of the Patent Act.
  • negative-space-man-browsing-tablet-ipad-computer-coffee-touch-finger-work-desk-office-linkedin-400 PTAB Designates Three Decisions as Precedential

    April 19, 2019

    The USPTO on April 16, 2019, designated three PTAB decisions as precedential.
  • Erik Brunetti Supreme Court Hears Argument on Constitutionality of Scandalous Trademark Ban

    April 17, 2019

    The Supreme Court on April 15, 2019, heard oral argument in the Brunetti case on whether the statutory ban on registering “immoral ... or scandalous” trademarks violates the First Amendment. Iancu v. Brunetti, U.S., No. 18-302, oral argument 4/15/2019.
  • USPTO Crest USPTO to Host Free Seminars on Protecting IP in China

    April 15, 2019

    The US Patent and Trademark Office will begin hosting free seminars on protecting your IP in China. The new series of road shows will be geared towards businesses, individuals, and attorneys looking to hear about strategies for better protecting intellectual property in China.
  • Columbus-Ohio-400 Ohio State Loses Trademark Infringement Suit Against Redbubble

    April 12, 2019

    The United States District Court for the Southern District of Ohio on April 1, 2019, held that Redbubble, Inc. was not liable for direct infringement of several of Ohio State University’s trademarks. The Ohio State Univ. v. Redbubble Inc., S.D. Ohio, No. 17-cv-1092, 3/29/19.