Newsstand
Our daily update covering current events.
-
Challenge of Agency Patent Cancellation Properly Dropped
August 27, 2020
The US Court of Appeals for the Federal Circuit on August 20, 2020, held that Security People, Inc. improperly challenged the cancellation of its patent by the Patent Trial and Appeal Board (PTAB) in a federal district court. -
‘Nightcrawler’ Makers Win Suit Over Murder-Filming Stringer Idea
August 26, 2020
The US Court of Appeals for the Tenth Circuit on August 19, 2020, held that the 2014 film “Nightcrawler” starring Jake Gyllenhaal differed enough from another movie about a murder-filming news freelancer in Los Angeles for the movie’s makers to dodge copyright infringement claims. -
Rapper Rick Ross Beats 50 Cent’s Claim Over ‘In Da Club’ Sample
August 25, 2020
The US Court of Appeals for the Second Circuit on August 17, 2020, held that US Copyright Act preempts rapper 50 Cent from pursuing right of publicity claims over another rapper’s mixtape sample of the hit “In Da Club.” -
CBS Beats Copyright Claims Over Star Trek: Discovery ‘Tardigrade’ Episodes
August 24, 2020
The US Court of Appeals for the Second Circuit on August 17, 2020, held that a story arc about a giant tardigrade, an eight-legged segmented micro-animal, in the television show “Star Trek: Discovery” didn’t infringe a copyright in an unreleased video game that also featured a giant tardigrade. -
Passport Health’s Suit Over Search Engine Ads Fails at 4th Cir.
August 21, 2020
The US Court of Appeals for the Fourth Circuit on August 13, 2020, held that Avance Health System Inc. could not be liable for infringing Passport Health LLC’s trademark after it purchased the keyword “passport health” on search engines to generate Avance ads beside specific search results. -
USPTO Issues Guidance on Applicant Admitted Prior Art
August 20, 2020
The US Patent and Trademark Office on August 19, 2020, issued guidance memorandum to the Patent Trial and Appeal Board (PTAB) regarding reliance on applicant admitted prior art in a petition for inter partes review. -
Learn the Intricacies Of Ex Parte Appeals
August 19, 2020
The US Patent and Trademark Office will host its next Boardside Chat webinar on Thursday, September 3, from noon to 1 p.m. ET for a discussion about several aspects of ex parte appeals. -
Second Circuit Vacates Tiffany’s $21 Million Trademark Award Against Costco
August 18, 2020
The Second Circuit on August 17, 2020, vacated and remanded Tiffany & Co.‘s $21 million win in a trademark counterfeiting case against Costco Wholesale Corp. -
BuzzFeed’s Loss in Photo Case Affirmed by Second Circuit
August 17, 2020
The Second Circuit on August 13, 2020, found BuzzFeed Inc. is liable under the Digital Millennium Copyright Act (DMCA) for altering a photographer’s credit for a picture and publishing the photo in an article without permission. -
Printing Plate Patent Application Rejection Affirmed by Fed. Cir.
August 14, 2020
The US Court of Appeals for the Federal Circuit on August 11, 2020, affirmed the Patent Trial and Appeal Board’s (PTAB) obviousness rejection of an application for a patent on a durable printing plate. -
10th Cir. Rules That Michaels Not Liable for ‘Knockoff’ Planner
August 13, 2020
The US Court of Appeals for the Tenth Circuit on August 12, 2020, ruled in favor of Michaels Stores Inc. against claims that it infringed LifePlanner’s registered compilation copyright and unregistered trade dress for its popular personal organizer. -
Qualcomm Wins Appeal in Antitrust Suit
August 12, 2020
The Ninth Circuit on August 11, 2020, vacated a 2019 ruling that held that Qualcomm was charging phone makers “unreasonably high” licensing fees and thwarting competition. -
Lab Instrument Maker Beats Suit Over Ex-Employee’s Lamp Tech
August 11, 2020
The US Court of Appeals for the Fifth Circuit on August 7, 2020, held that Petroleum Analyzer Co. (PA), a leading lab instrument maker, didn’t steal a former employee’s trade secrets covering a sulfur-detecting lamp. -
Federal Circuit Affirms Limits on How Government Uses PACER Fees
August 7, 2020
The US Court of Appeals for the Federal Circuit on August 6, 2020, affirmed that the government can use PACER revenues for operating the electronic court record system, but not for unrelated court technology projects. -
Bee Farm Didn’t Infringe Copyright Related to Honey Harvest Tool
August 6, 2020
The US Court of Appeals for the Second Circuit on August 4, 2020, held that a bee farm didn’t infringe a copyright related to a honey harvesting aid when it replaced the tool with its own version. -
Teva Beats Patent Infringement Suit Over Generic Thyroid Drug
August 5, 2020
Teva Pharmaceuticals USA Inc., an American Israeli pharmaceutical company that specializes in generic drugs, beat back IBSA Institut Biochimique’s patent infringement suit concerning the thyroid drug Tirosint. -
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. -
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. -
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 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.