Our daily update covering current events.


  • 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.
  • negative-space-textured-grey-fabric-400 Website Lacking Ordering Details Fails Use-in-Commerce Test

    April 11, 2019

    A 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.
  • negative-space-parked-red-race-car-400 CAFC Orders New Trial in Remote Vehicle Control Case

    April 10, 2019

    The 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.
  • USPTO PTAB Designates Huawei Decision as Precedential

    April 9, 2019

    The 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 Crest USPTO “Motion to Amend” Patent Quality Chat

    April 8, 2019

    The 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.
  • shutterstock_479614822-400 Sovereign Immunity Bars Copyright Suit Against Hospital

    April 5, 2019

    Sovereign 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.
  • Annotation 2019-04-04 102335-400 Cleveland Clinic Heart Disease Patent Invalid

    April 4, 2019

    The 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.
  • shutterstock_84884929-400 Kroma EU Has No Standing to Sue Kardashian Sisters

    April 3, 2019

    The 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.
  • Data Compression Federal Circuit Reverses IBM Patent Invalidation

    April 2, 2019

    The 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.
  • shutterstock_1203587437-400 Brexit and the European Patent System

    April 1, 2019

    The 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.
  • PIXNIO-253705-400x200 5th Circuit Declines to Disgorge Profits in False Advertising Suit

    April 1, 2019

    The 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.
  • Karyn-A-Temple Karyn A. Temple Is Named Register of Copyrights

    March 29, 2019

    Librarian of Congress Carla Hayden announced that she has appointed Karyn A. Temple as Register of Copyrights and director of the U.S. Copyright Office, effective March 27, 2019. Temple has been Acting Register of Copyrights since October 21, 2016.
  • USPTO Crest USPTO Alerts Users on EFS-Web System Issue

    March 28, 2019

    The US Patent and Trademark Office on March 27, 2019, alerted EFS-Web users about a system defect in the initial web-based application data sheet (ADS) and the corrected web-based ADS.
  • Arctic_Cat_Wildcat_1000X_(16743753296)-400 Arctic Cat Invalidated Patent Sent Back to PTAB

    March 27, 2019

    The US Court of Appeals for the Federal Circuit on March 26, 2019, held that the Patent Trial and Appeal Board wrongly invalidated an Arctic Cat Inc. patent based on an earlier-filed application.
  • negative-space-office-desk-computer-keyboard-learn-josh-sorenson-400 Developing the Digital Marketplace for Copyrighted Works Public Meeting

    March 26, 2019

    On March 28, the Department of Commerce’s Internet Policy Task Force will host the third public meeting on Developing the Digital Marketplace for Copyrighted Works at the USPTO headquarters in Alexandria, Virginia.
  • iancu_andrei_bio_400 Director Iancu Appears Before Senate Judiciary Committee

    March 20, 2019

    USPTO Director Andrei Iancu on March 13, 2019, appeared at an oversight hearing of the Senate Judiciary Committee.
  • negative-space-laptop-keyboard-glow-400 Apple’s IPR Victory in Data Patent Challenge Overturned by CAFC

    March 20, 2019

    The US Court of Appeals for the Federal Circuit on March 8, 2019, overturned Apple Inc.’s IPR victory against PersonalWeb Technologies, LLC, holding that the ‘310 patent was not unpatentable due to obviousness because one of the PTAB’s key underlying fact findings was not supported by substantial evidence.
  • USPTO Releases 2018 Performance and Accountability Report PTAB Releases Update for Motion to Amend Study

    March 14, 2019

    The Patent Trial and Appeal Board on March 13, 2019, published the fifth installment of its Motion to Amend Study, which tracks and analyzes all motions to amend filed in AIA trials through the end of September 2018.
  • USPTO Issues Final Rule on Claim Construction Standard PTAB Designates Lectrosonics Decision Precedential

    March 13, 2019

    The PTAB designated as precedential Lectrosonics, Inc. v. Zaxcom, Inc, an order which provides guidance and information regarding statutory and regulatory requirements for a motion to amend in light of Federal Circuit case law.
  • shutterstock_90498970-400 CAFC Invalidates “Bedside Machine” Patent

    March 12, 2019

    The US Court of Appeals for the Federal Circuit on February 26, 2019, held that a “bedside machine” that displays medical information was patent-ineligible because it was directed to the abstract idea of using a computer to gather, analyze, and display data. Univ. of Fla. Research Found. v. Gen. Elec. Co., Fed. Cir., No. 2018-1284, 2/26/19.