Newsstand

Our daily update covering current events.

 

  • ‘Capsule’ Merely Descriptive for Cell Phone Cases

    June 12, 2019

    The US Court of Appeals for the Seventh Circuit on June 11, 2019, held that the word “capsule” is “merely descriptive” of cell phone cases and cannot be registered as a trademark. Uncommon, LLC v. Spigen, Inc., 7th Cir., No. 18-1917, 6/11/19.
  • Supreme Court Says Government Can’t Challenge Patents Through AIA Proceedings

    June 11, 2019

    A federal agency is not a "person" who may petition for post-issuance review under the Leahy-Smith America Invents Act (AIA) of 2011, the Supreme Court held June 10, 2019. Return Mail Inc. v. United States Postal Service, U.S., No. 17-1594, 06/10/2019.
  • Barbara-Fiacco-Congress-400x200 AIPLA President-Elect Barbara Fiacco Testifies on Section 101 Reform

    June 6, 2019

    AIPLA President-Elect Barbara Fiacco presented the views of the Association at the Senate Judiciary Committee’s Subcommittee on Intellectual Property's second of three hearings on “The State of Patent Eligibility in America.”
  • USPTO Releases 2018 Performance and Accountability Report Indefinite PKI Outage for EFS-Web and Private PAIR

    June 5, 2019

    The USPTO announced that PKI authentication for EFS-Web and Private PAIR will be unavailable starting on Wednesday, June 5, at 12:01 a.m. ET, until further notice.
  • Boats Brunswick Dodges $5 Million Boating Patent Infringement Award

    June 4, 2019

    The US Court of Appeals for the Federal Circuit on May 31, 2019, reversed a $5,396,250 patent infringement verdict against Brunswick Corp., owner of many popular boating brands. Cobalt Boats, LLC v. Brunswick Corp., Fed. Cir., No. 2018-1376, unpublished 5/31/19.
  • shutterstock_686344315-400 Senate Hearings on Section 101 Reform

    June 3, 2019

    This week, the Senate Judiciary Committee’s Subcommittee on Intellectual Property will hold its first two hearings on “The State of Patent Eligibility in America.”
  • negative-space-illuminated-keyboard-400x200 Juniper Evades Finjan Malware Protection Patent Claims

    June 3, 2019

    The US District Court for the Northern District of California on May 29, 2019, held that Juniper Networks Inc., an American networking products developer, did not infringe Finjan Inc.’s malware protection patents.
  • USPTO Crest PKI Outage for EFS-Web and Private PAIR

    May 30, 2019

    The US Patent and Trademark Office announced that PKI authentication for EFS-Web and Private PAIR will be unavailable starting 12:01 a.m., Thursday, May 30, and ending at 11:59 p.m., Friday, May 31 ET. There is the potential for further outages as well.
  • Bud Light’s Barrel of Corn Syrup Jokes Comes to a Stop

    May 29, 2019

    The US District Court for the Western District of Wisconsin on May 24, 2019, granted a preliminary injunction preventing Anheuser-Busch Companies, LLC from implying in its advertisements that MillerCoors LLC beers contain corn syrup.
  • CAFC Affirms Samsung’s IPR Win

    May 28, 2019

    The United States Court of Appeals for the Federal Circuit on May 23, 2019, found Papst Licensing GMBH & Co.'s software patent, which is related to a software interface device with high data transfer rates, invalid because it was covered by other patented technology and published research.
  • Lawmakers Release Draft to Reform Section 101

    May 28, 2019

    In a May 22, 2019 press release, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, Representative Doug Collins (R-GA), Ranking Member of the House Judiciary Committee, Representative Hank Johnson (D-GA), Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, and Representative Steve Stivers (R-OH) released a bipartisan, bicameral draft bill that would reform Section 101 of the Patent Act.
  • 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.