Posts Archive


Ban on ‘Immoral” and ‘Scandalous’ Trademarks Ruled Unconstitutional

After Tam was decided without expressly finding Section 2(a) unconstitutional in its entirety, the Federal Circuit requested additional briefing on the impact of Tam to Brunetti. The …
By Michael Bernet
28 days ago 0

PTAB: State Waives Eleventh Amendment Immunity by Filing Patent Infringement Lawsuit

An expanded panel of the PTAB, in a majority opinion authored by Chief Judge David Ruschke, agreed with the University of Minnesota that an IPR proceeding is …
By Gene Quinn
28 days ago 32

Venue Options for Patent Owners After TC Heartland and In re Cray

With venue for patent infringement actions under § 1400(b) narrowed after TC Heartland and In re Cray, patent owners could use declaratory judgment (DJ) actions to secure their …

Patent Marking Burden of Production on Alleged Infringer, Burden of Persuasion on Patentee

In Arctic Cat Inc. v. Bombardier Rec. Prods., after unsuccessfully defending a patent infringement lawsuit, Bombardier Recreational Products, Inc. (“BRP”) appealed the district court’s denial of …

Facebook ordered by Israeli Court to restore page shut down for selling camouflaged advertising

Facebook shut down the page 3 years ago after the owners of the page admitted that they sold camouflaged advertising. Facebook shut down the page without any prior …
By Ariel Dubinsky
29 days ago 1

TC Heartland Update: Decision Changed the Law on Venue

The U.S. Court of Appeals for the Federal Circuit recently issued its decision in In re Micron Tech., Inc., Case No. 2017-138 (Fed. Cir. Nov. 15, 2017), and …
By Keith Grady
30 days ago 0

Bed Bath and Beyond Wins Nearly $1 Million in Attorneys’ Fees for Defending Meritless Claims

In Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., the Federal Circuit affirmed an award of attorneys’ fees in the lower court because “following the Alice decision, …

Disney to enter streaming video market in late 2019 with networks for sports, family entertainment

This August, The Walt Disney Company (NYSE:DIS) announced that it will be releasing two large Netflix-like streaming video services which will both be available in late 2019 …
By Benjamin Joe
30 days ago 0

Software Patent Eligibility at the Federal Circuit 2017

If there was a theme that emerged in 2017 it is the necessity to have what is specifically innovative disclosed in the claims. While not a particularly new …
By Gene Quinn
1 month ago 207

A Modest Patent Proposal

Just as Swift’s solution to the crises of his day was abhorrent, i.e., eating the children of the poor for nourishment, eating the issue of …
By Raymond Van Dyke
1 month ago 28

What is a Confidentiality Agreement and Why are they So Important?

A Confidentiality Agreement, which is also known as non-disclosure agreement or simply as an NDA, is simply a contract between two or more parties where the subject …
By Gene Quinn
1 month ago 1

Federal Circuits invalidates patent covering starting a session on one communication-enabled device and transferring it to another

The Federal Circuit decision in the case of CRFD Research v. Matal resolves three appeals involving a single patent: CRFD’s ‘233 patent describing methods and systems that …

Legal Recourse Options After An IP Infringement Take Down Notice

When infringement claims are legitimate, Take Downs can be a useful mechanism for getting counterfeit or infringing products taken off the online retail platform website. In turn, …
By Andrew Rapacke
1 month ago 0

Photo Sharing on Social Media & Copyright Infringement: What You Need to Know

With new social media platforms and photo sharing apps becoming more and more popular, the risk of copyright infringement through the sharing of photos is more present …
By Amanda G. Ciccatelli
1 month ago 0

The Good, Bad and Ugly of Cross-Licensing Your Technology Patents

A cross-licensing patent agreement is a contract between at least two parties that grants mutual rights to both parties’ intellectual property. The agreement may be a private …
By Shai Jalfin
1 month ago 1