Newsstand
Our daily update covering current events.
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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. -
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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. -
Closed Announcement for Christmas Eve
December 24, 2019
The AIPLA Newsstand is on hiatus today to celebrate Christmas Eve. -
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. -
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. -
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. -
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 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. -
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. -
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. -
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. -
Lifescan Wins Blood Sugar Monitor Infringement Dispute
December 6, 2019
The US Court of Appeals for the Federal Circuit on November 22, 2019, determined that LifeScan, Inc., the renowned leaders in blood glucose monitoring, did not infringe Phama Tech Solutions, Inc.’s patents for home blood glucose monitors. -
PTAB Incorrectly Invalidates Wireless Network Patent
December 5, 2019
The US Court of Appeals for the Federal Circuit on November 22, 2019, held that the Patent Trial and Appeal Board (PTAB) incorrectly invalidated part of a wireless network patent when it used prohibited evidence as the basis for its conclusion. -
Updated Federal Circuit Rules of Practice
December 4, 2019
An updated version of the Federal Circuit Rules of Practice is now available on the court’s website. -
Fed. Cir. Upholds Win on Optical Beam Switching Patent
December 2, 2019
The Federal Circuit on November 21, 2019, held that Nokia of America Corp. and Ciena Corp. didn’t infringe an optical beam switching patent after finding relevant claims of the patent invalid. -
Pepsi Wins Copyright Suit Over Super Bowl Ad
November 26, 2019
The US District Court for the Southern District of New York on November 13, 2019, held that a Pepsi ad which ran during the 2016 Super Bowl and featured Funk singer Janelle Monae didn’t infringe on an advertising agency’s pitch. -
Fed. Cir. Says Video Game Patent Review Not Time-Barred
November 25, 2019
The US Court of Appeals for the Federal Circuit on November 19, 2019, affirmed a Patent Trial and Appeal Board (PTAB) decision that determined that Game & Tech. Co.’s video game technology patent was invalid in light of prior art. -
PTAB Publishes Consolidated Edition of AIA Trial Practice Guide
November 22, 2019
The US Patent and Trademark Office on November 20, 2019, published a new, consolidated edition of the Patent Trial Practice Guide that incorporates updates released in August 2018 and July 2019 into the original August 2012 Practice Guide. -
Netflix Escapes ‘Narcos’ Copyright Suit
November 21, 2019
The US District Court for the Southern District of Florida on November 8, 2019, held that Netflix Inc.'s hit show “Narcos” did not copy protectable portions of a Colombian journalist’s memoirs about her affair with Pablo Escobar. -
Fed. Cir. Restores Data Transmission Patent
November 19, 2019
The Federal Circuit on November 15, 2019, ruled that a district court erred when it found KPN N.V.'s data transmission systems patent unpatentable as an abstract idea.