Posts in Courts


Your Licensees’ Patent Marking Program is Also Your Concern

As an in-house IP attorney, you may take comfort in knowing that your patent marking program is thorough, well-established, and properly executed. You have standardized procedures to …
By McCord Rayburn
13 hours ago 0

CAFC Says Removal Improper, Trade Secret Case Didn’t Necessarily Raise Patent Law Issues

In a precedential opinion, Intellisoft v. Acer, the Court of Appeals for the Federal Circuit (CAFC), in a decision authored by Judge Dyk, held that the United …
By Rebecca Tapscott
17 hours ago 0

Bad Spaniels Make Bad Law: Ninth Circuit Says Dog Toy is an Expressive Work Entitled to First Amendment Protection

The U.S. Court of Appeals for the Ninth Circuit held that a squeaking dog toy resembling a bottle of Jack Daniel’s whiskey is an expressive …
By Jared Kagan
6 days ago 1

Study Suggests Individuals and Startups More Likely to Face Invalidity Under Alice

To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …

How Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
7 days ago 19

Patent Filings Roundup: Robot Vacuum Wars, PTAB Filings Dip, Pharma Litigation Abounds

This week’s District Court filings were robust, with a dip in Patent Trial and Appeal Board (PTAB) filings--a big chunk of which were related to a …
By Jonathan Stroud
8 days ago 1

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck

Earlier this week, the Supreme Court handed down its ruling in Allen v. Cooper, which relates to photos and videos of the sunken remains of the Queen …
By Yitzchak Besser
12 days ago 1

USPTO Urges Supreme Court to Reverse in Now-Delayed Booking.com Case

On March 13, the United States Patent and Trademark Office (USPTO) filed a reply brief urging the Supreme Court on to reverse a judgment of the U.S. …
By IPWatchdog
13 days ago 7

Facebook v. Windy City Settles It: The CAFC Does Not Care About the PTAB’s Opinions

The Supreme Court in SAS (SAS Institute Inc. v. Iancu) was quite clear that the Patent Trial and Appeal Board (PTAB or Board) has to follow the …
By Brad Close
14 days ago 11

Patent Filings Roundup: Medtronic Hit with Seven IPRs, Huawei Fields Multiple District Court Complaints

In the age of electronic filing, working from home and sheltering in place appears to have accelerated—or at least not slowed down significantly—district court and …
By Jonathan Stroud
15 days ago 5

Sanofi Decision Presents Opportunities to Clear the Patent Thicket for Generic Pharmaceuticals

The U.S. Court of Appeals for the First Circuit has made brand companies think twice about creating patent thickets in the Orange Book by resuscitating an …
By Joel Wallace & Jason Harp
15 days ago 2

The IP Bar Weighs in on CAFC Denial of Arthrex Rehearing

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in Arthrex v. Smith & Nephew. Five of the 12 Federal Circuit judges wrote …
By Eileen McDermott
16 days ago 3

Death at a Funeral – or Birth? Why the German Court’s Decision on the UPC May Not be the End

n Friday, March 20, the German Constitutional Court (“Bundesverfassungsgericht”, “BverfG”) declared Germany’s approval legislation of the Agreement on a Unified Patent Court (UPC) unconstitutional. Those who have …
By Christian Liedtke
16 days ago 1

Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

The U.S. Court of Appeals for the Federal Circuit has denied rehearing en banc in Arthrex v. Smith & Nephew, a decision that made the Patent Trial …