Our daily update covering current events.


  • Bette and Joan Supreme Court Declines to Hear Olivia de Havilland’s Appeal in ‘Feud’ Case

    January 8, 2019

    The Supreme Court on January 7, 2019, refused to hear Olivia de Havilland’s right-of-publicity suit against FX Networks, the creators and producers of the television docudrama miniseries Feud: Bette and Joan.
  • Fuct Brand Founder Erik Brunetti Supreme Court Grants Review to Scandalous Trademarks Case

    January 7, 2019

    The Supreme Court on January 4, 2019, agreed to decide whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks is facially invalid under the free speech clause of the First Amendment.
  • Tivo TiVo Blocks Tivoli in Trademark Fight

    January 4, 2019

    The Trademark Trial and Appeal Board (TTAB) on December 31, 2018, issued a ruling that prevents light fixture company Tivoli from registering trademarks for its Tivotape and Tivobar electric lighting fixtures.
  • Drug Patents Hatch, Tillis, and Flores Introduce Hatch-Waxman Integrity Act

    January 3, 2019

    Senator Orrin Hatch (R-UT), Senator Thom Tillis (R-NC), and Representative Bill Flores (R-TX), on Tuesday, December 11 2018, introduced H.R. 7251, the “Hatch-Waxman Integrity Act of 2018.”
  • GPS ITC Should Have Considered Reducing $6M Penalty in Patent Fight

    December 12, 2018

    The Federal Circuit on November 27, 2018, ruled that the International Trade Commission wrongly denied DNB Holding LLC’s request to rescind or modify a $6 million penalty in a patent infringement case.
  • Schlafly Beer Saint Louis Brewery Wins Battle Over SCHLAFLY Mark

    December 10, 2018

    The US Court of Appeals for the Federal Circuit on November 26, 2018, affirmed a Trademark Trial and Appeal Board (TTAB) decision against Phyllis and Bruce Schlafly, thereby allowing the Saint Louis Brewery (SLB) to obtain trademark registration for the word mark “SCHLAFLY”.
  • Strategic Plan USPTO Releases 2018-2022 Strategic Plan

    December 10, 2018

    The United States Patent and Trademark Office published its 2018-2022 Strategic Plan.
  • Airplane AirFacts Wins in Trade Secret Case

    December 6, 2018

    The US Court of Appeals for the Fourth Circuit on November 20, 2018, remanded a breach of contract case brought by software company AirFacts Inc. against one of its former developers the company said misappropriated trade secrets.
  • USPTO Crest 2018 PPAC Annual Report is Available

    December 5, 2018

    The United States Patent and Trademark Office’s 2018 Patent Public Advisory Committee (PPAC) Annual Report is now available online.
  • Virus Finjan Patent Appeal Has Uneven Result

    December 3, 2018

    The Court of Appeals for the Federal Circuit on November 19, 2018, affirmed-in-part and vacated and remanded-in-part the Patent Trial and Appeal Board’s decisions in a pair of inter partes reviews.
  • South Korea Change in Retrieval Method for Documents Between USPTO and KIPO

    December 3, 2018

    Effective December 1, 2018, the World Intellectual Property Organization (WIPO) Digital Access Service (DAS) will manage electronic retrievals of priority documents between the USPTO and the Korean Intellectual Property Office (KIPO), in accordance with the WIPO DAS agreement established on April 20, 2009.
  • Television CAFC Reverses $4M Award in TV Component Fight

    November 29, 2018

    After affirming a district court judgement against Enplas Display Device Corp., the US Court of Appeals for the Federal Circuit on November 19, 2018, vacated the $4 million patent infringement damages award that Seoul Semiconductor Co. Ltd. had won. Enplas Display Device Corp. v. Seoul Semiconductor Co., Fed. Cir., 2016-2599, 11/19/18.
  • Artificial Intelligence USPTO Hosts Free Artificial Intelligence Program

    November 28, 2018

    The US Patent and Trademark Office will convene an all-day program titled, "Artificial Intelligence: Intellectual Property Policy Considerations,” on Wednesday, December 5, 2018, in the Madison auditorium of their Alexandria, Virginia headquarters.
  • Streaming Music Copyright Royalty Board Publish New Music Royalty Rates

    November 27, 2018

    The Copyright Royalty Board on November 26, 2018, published final regulations setting rates and terms for digital music streamers like Spotify, Apple, Google, and Amazon.
  • Video Games Gaming Companies Get Mixed Rulings From CAFC

    November 13, 2018

    On November 6, 2018, the Court of Appeals for the Federal Circuit ruled that certain elements of three patents owned by Acceleration Bay LLC are invalid.
  • GoPro-400 CAFC Says GoPro Catalog is Prior Art

    November 8, 2018

    On November 1, 2018, the United States Court of Appeals for the Federal Circuit reissued a modified opinion holding that the Patent Trial and Appeal Board (PTAB) erred when it held that a certain GoPro catalog is not a prior art printed publication.
  • USPTO Crest Laura Peter Appointed as USPTO Deputy Director

    November 8, 2018

    Secretary of Commerce Wilbur Ross, on November 8, 2018, announced the appointment of Laura A. Peter as Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO).
  • Judge-Panel-400 USPTO Revises Trademark Manual of Examining Procedure

    November 6, 2018

    On October 31, 2018, the United States Patent and Trademark Office released the latest revision of the Trademark Manual of Examining Procedure (TMEP).
  • FanDuel and DraftKings Daily Fantasy Sites Don’t Violate College Athlete Rights

    November 5, 2018

    The Indiana Supreme Court, on October 24, 2018, answered a certified question from the US Court of Appeals for the Seventh Circuit on whether online for-profit fantasy-sports need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.
  • USPTO Relevant Prior Art Initiative to Increase Examination Quality

    November 2, 2018

    The USPTO has announced that Phase 1 of its Access to Relevant Prior Art (RPA) Initiative will begin Nov. 1, 2018.