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  • united-nations-covid-19-response-m6OZNfmo2Dk-unsplash-WEB Copyright Office Further Extends Certain Timing Provisions Due to COVID-19

    July 14, 2020

    The Copyright Office is further extending the temporary adjustments to certain timing provisions under the Copyright Act for persons affected by the COVID-19 national emergency.
  • Toyota web Toyota Fails to Revive Patent on Fingerprint-Reducing Coating

    July 13, 2020

    The US Court of Appeals for the Federal Circuit on July 10, 2020, affirmed the invalidation of Toyota Motor Corp.’s patent on a coating for reducing the appearance of fingerprints on touchscreen displays. Toyota Motor Corp. v. Reactive Surfaces Ltd., Fed. Cir., No. 18-1906, unpublished 7/10/20.
  • Youtube 400x200 YouTube Can’t Be Forced to Fully Identify Piracy Culprits in EU

    July 10, 2020

    Google’s Youtube cannot be required to hand over the IP addresses, telephone numbers, or email addresses of its users who have uploaded copyright-infringing films to its platform, the Court of Justice of the European Union held on July 9, 2020. C‑264/19, Constantin Film Verleih GmbH v YouTube LLC and Google Inc., 2020 E.C.R.
  • ECT 400x200 Patent Owner History of Abusive Suits Mandates New Fees Look

    July 9, 2020

    The Federal Circuit on July 1, 2020, said that a Florida federal court failed to properly consider a patent owner’s history of frivolous litigation when it denied a request for attorneys’ fees from the owner’s latest target. Elec. Commc’n Techs LLC v. ShoppersChoice.com LLC, Fed. Cir., No. 19-2087, 7/1/20.
  • Drilling web Unaltered Password Dooms Copyright Claims for Drilling Company

    July 8, 2020

    The Fifth Circuit on June 2, 2020, ruled that Digital Drilling Data Systems can’t pursue copyright claims against a competitor that scraped data from a program built using an open source database, because the program wasn’t effectively secured, and the copied program wasn’t substantially similar. Digital Drilling Data Syst. v. Petrolink Serv. Inc., 5th Cir., No. 19-20116, 7/2/20.
  • POP POP Says PTAB Should Not Have Raised Its Own Ground of Unpatentability

    July 7, 2020

    The Precedential Opinion Panel (POP) on July 6, 2020, issued a new decision regarding when the Board can raise new arguments in deciding a motion to amend. Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, IPR2018-00600 (PTAB July 6, 2020) (Paper 67).
  • Hulu web Fed. Cir. Affirms Hulu Win Against Database Patent

    July 6, 2020

    The Federal Circuit on July 2, 2020, affirmed Hulu LLC‘s successful challenge to the validity of a database management patent at the Patent Trial and Appeal Board (PTAB). Sound View Innovations LLC v. Hulu LLC, Fed. Cir., No. 19-1865, unpublished 7/2/20.
  • Senator Tillis 2020 Web AIPLA Q&A with Senator Thom Tillis

    July 1, 2020

    Senator Tillis speaks on his tenure as Chairman of the Senate Judiciary IP Subcommittee, the need for strong intellectual property protection, Section 101 reform, DMCA review, oversight over the USPTO and the Copyright Office, and more.
  • Booking-400x200 SCOTUS Rules That Addition of “.com” to a Generic Term Can Create a Trademark

    June 30, 2020

    On June 30, 2020, the U.S. Supreme Court held that the addition of “.com” to a generic term can create a protectable trademark, affirming a decision by the U.S. Court of Appeals for the Fourth Circuit. United States Patent and Trademark Office v. Booking.com B.V., U.S., No. 19-46. In doing so, the Court rejected the United States Patent and Trademark Office's (USPTO) "nearly per se rule" that when a generic term is combined with a generic top-level domain the resulting combination is generic.
  • 2018_shapeofwater_2017_16-h_2019-400 Ninth Circuit Reverses Dismissal of ‘Shape of Water’ Copyright Suit

    June 29, 2020

    The Ninth Circuit on June 22, 2020, reversed a district court’s dismissal of a copyright infringement lawsuit against the award-winning movie “The Shape of Water”, finding that David Zindel adequately alleged that Fox Searchlight Pictures Inc. copied aspects of his father’s play. Zindel v. Fox Searchlight Pictures, Inc., 9th Cir., No. 18-56087.
  • Library-of-Congress Copyright Office Releases Updated Online Edition of Circular 92

    June 24, 2020

    The US Copyright Office on June 23, 2020, released an updated version of Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code.
  • Riot web Riot Games’ Networking Patent Win Affirmed by Federal Circuit

    June 23, 2020

    The US Court of Appeals for the Federal Circuit on June 16, 2020, affirmed a Patent Trial and Appeal Board (PTAB) win by videogame developers Riot Games Inc. and Valve Corp. in validity challenges to two computer-networking patents.
  • Fees 400 Attorney Fees Denied in Copyright Case at Seventh Circuit

    June 22, 2020

    The US Court of Appeals for the Seventh Circuit on June 17, 2020, held that a wellness store’s copyright claims against a former employee didn’t require an attorneys’ fees award, finding that several circumstances justified denying the award.
  • Trademark Fees web USPTO Proposes Trademark Fees Adjustment

    June 19, 2020

    Fees are proposed to be increased for all application filing types, with proposed per-class fee increases ranging from $25 for a TEAS Plus application to $150 for a paper application.
  • Supernus web USPTO Adjusts Patent Term Adjustment Rules Under Court Precedent

    June 18, 2020

    The USPTO is revising the rules of practice pertaining to the patent term adjustment provisions of 35 U.S.C. 154(b) in view of the decision by the Federal Circuit in Supernus Pharm., Inc. v. Iancu, 913 F.3d 1351 (Fed. Cir. 2019). 85 Fed. Reg. 36335.
  • Telephone web Fed. Cir. Affirms Twilio’s Loss on Telephony Patents

    June 16, 2020

    The US Court of Appeals for the Federal Circuit on June 10, 2020, held that Twilio Inc. can’t revive parts of its telephony patents that were canceled by the Patent Trial and Appeal Board.
  • franck-v-sVOF3ONKvfU-unsplash web USPTO Announces Relief to Restore Priority or Benefit Rights for Patent Applicants

    June 15, 2020

    Pursuant to Subsection 12004(a) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act and 37 C.F.R. § 1.183, and in response to the requests from stakeholders, the United States Patent and Trademark Office (USPTO) is extending the time period for petitioning for certain rights of priority or benefit in a patent application and waiving the associated petition fee.
  • USPTO Crest PTAB Designates One Decision as Precedential and Three Decisions as Informative

    June 12, 2020

    The Patent Trial and Appeal Board designated a decision as precedential and three as informative.
  • Disk Drive web 5th Cir. Affirms $439 Million Win for HP

    June 11, 2020

    The US Court of Appeals for the Fifth Circuit on June 5, 2020, affirmed a lower court ruling which held that Quanta Storage Inc., a Taiwanese disk drive maker, must turn over to HP Inc. all of the cash, factories and patents necessary to satisfy a $439 million antitrust judgment from 2019.
  • paul-fiedler-q1QPK60bv1g-unsplash web AIG Evades Trademark Claims From Missouri Insurance Agency

    June 10, 2020

    The US District Court for the Eastern District of Missouri on June 4, 2020, held that A.I.G. Agency Inc.’s trademark claims against AIG, the multinational finance and insurance company, were time-barred because it knew of AIG’s use of the mark decades before suing.
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