In This Section

  • Sedative-400x200 Hospira Loses Appeal of Sedative Patent Invalidity Decision

    January 20, 2020

    The US Court of Appeals for the Federal Circuit on January 9, 2020, affirmed the US District Court for the Northern District of Illinois’s ruling which held that a claim of Hospira’s Precedex Premix sedative was invalid for obviousness.
  • USPTO USPTO Toolkit Now Available for Those New to PTAB Proceedings

    January 17, 2020

    The US Patent and Trademark Office on January 15, 2020, released a “New to PTAB” toolkit now available on the PTAB webpage of the USPTO website.
  • Europe-400x200 EU Report Highlights States of IP Protection in ‘Third Countries’

    January 16, 2020

    “A low level of protection for trade secrets and IP theft in a number of countries, notably in China and India” have caused “irreparable harm to European businesses” said the European Commission, the executive branch of the European Union, in its “Report on the protection and enforcement of intellectual property rights in third countries” released on January 8, 2020.
  • Booking-400x200 AIPLA Argues That A Generic Term Combined With a gTLD Can Create a Protectable Trademark

    January 15, 2020

    The addition of a generic top-level domain (gTLD) to an otherwise generic term can, under certain circumstances, create a protectable trademark, the American Intellectual Property Law Association said in an amicus brief filed with the Supreme Court on January 13, 2020.
  • hospital-400 Fifth Circuit Nixes Statutory Damages Award in Hospital Form Copyright Clash

    January 14, 2020

    The US Court of Appeals for the Fifth Circuit on January 9, 2020, held that statutory damage awards are not available when a defendant infringes in one way before the copyright was registered and another way after registration.
  • Drug-400 Amgen Wins in Kidney Drug Infringement Appeal

    January 10, 2020

    The US Court of Appeals for the Federal Circuit on January 7, 2020, vacated and remanded a lower court ruling which held that Amneal Pharmaceuticals LLC, an integrated specialty pharmaceutical company, didn’t infringe Amgen Inc.’s patent for the kidney disease drug Sensipar.
  • Prince_at_Coachella-400 Prince Estate Wins Copyright Dispute Over YouTube Concert Videos

    January 9, 2020

    The US District Court for the District of Massachusetts on January 6, 2020, awarded a summary judgment victory to Prince’s estate on its claims that unauthorized concert recordings posted to YouTube infringed the late musician’s copyrights.
  • Keypad-400 Google Wins Keypad Patent Validity Appeal

    January 7, 2020

    The US Court of Appeals for the Federal Circuit on January 6, 2019, reversed a Patent Trial and Appeal Board ruling that held claims of a Koninklijke Philips NV keypad patent valid.
  • Bycicle-400 Fed. Cir. Remands Bicycle Chainring Patent Dispute

    January 3, 2020

    The US Court of Appeals for the Federal Circuit on December 18, 2019, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision which invalidated SRAM’s improved bicycle chainring patent for obviousness.
  • Garage-400 Fed. Cir. Reverses ITC in Garage Door Opener Dispute

    December 27, 2019

    The US Court of Appeals for the Federal Circuit on December 12, 2019, held that a garage door opener patent didn’t cover openers without a motion detector in a wall unit because the detector’s placement in a wall unit constituted the patent’s invention.
  • Sturgis_2010_(2)-400 Walmart Wins Cancellation of ‘Sturgis’ Trademark

    December 26, 2019

    The US District Court for the District of South Dakota on December 11, 2019, canceled trademark registrations for the word “Sturgis” in light of Walmart and others’ success defeating the trademark owner’s related infringement claims.
  • Christmas Closed Announcement for Christmas Eve

    December 24, 2019

    The AIPLA Newsstand is on hiatus today to celebrate Christmas Eve.
  • POP-400 Precedential Opinion Panel Issues Precedential Decision

    December 23, 2019

    The Precedential Opinion Panel (POP) concludes that, at institution, a petitioner must identify with particularity sufficient evidence to establish a reasonable likelihood that an asserted reference was publicly accessible before the critical date of the challenged patent and thus qualifies as a printed publication.
  • Gym Blackbird Must Pay Attorney’s Fees in Home Gym Patent Suit

    December 20, 2019

    The US Court of Appeals for the Federal Circuit on December 16, 2019, affirmed a district court ruling that awarded Health In Motion LLC and Leisure Fitness Equipment LLC attorneys’ fees and expenses after the parties petitioned the court for fee reimbursement in a patent infringement suit.
  • USPTO Mandatory Electronic Filing to be Delayed Until February 15, 2020

    December 19, 2019

    The US Patent & Trademark Office announced that it will delay the effective date of its mandatory electronic filing rule change from December 21, 2019 to February 15, 2020.
  • USPTO Releases 2018 Performance and Accountability Report PTAB Designates Three Decisions as Informative

    December 16, 2019

    The Patent Trial and Appeal Board on December 11, 2019, designated three decisions as informative.
  • CarMax Carmax Drives off with Victory in Patent Suit

    December 12, 2019

    The US District Court for the District of Massachusetts on November 27, 2019, granted CarMax Auto Superstores, Inc.’s motion to dismiss in patent infringement action concerning a “virtual phone” interface that makes it easier to access smartphones while driving.
  • American Rule v1 Supreme Court Says Government Can't Recoup Attorney's Fees When Defending § 145 Actions

    December 11, 2019

    The United States Patent and Trademark Office (USPTO) cannot recover the pro rata salaries of its legal personnel under § 145 of the Patent Act, the Supreme Court held December 11, 2019. Peter vs. NantKwest, Inc., U.S., No. 18-801, 12/11/19.
  • Library-of-Congress Register Karyn A. Temple Announces Departure from the Copyright Office

    December 11, 2019

    The US Copyright Office on December 9, 2019, announced that Register of Copyrights Karyn Temple will be leaving the Copyright Office on January 3, 2020, to accept a new position with the Motion Picture Association.
  • Tire Arizona Appeals Court Reverses Unsealing of Goodyear Trade Secrets

    December 10, 2019

    The Arizona Court of Appeals on November 26, 2019, reversed and remanded a trial court ruling which unsealed testing information concerning an alleged defect in a Goodyear tire model.
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