Posts in Courts
Chamberlain Petitions Full Federal Circuit to Correct Appellate Overstep on Patent Eligibility
As anticipated, the Chamberlain Group, Inc., in a corrected petition for rehearing filed today, asked an en banc panel of the Federal Circuit to reconsider its August 21 …
Amici Urge Supreme Court to Grant UMN Petition on Sovereign Immunity for IPRs
On October 15, 12 state universities and state university systems filed an amicus brief in support of the University of Minnesota in its appeal to the U.S. Supreme …
CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References
The Federal Circuit recently held in Campbell Soup Company v. Gamon Plus, Inc. (September 26, 2019) that a prior art reference lacking one of only two features shown in …
Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts
Chrimar Systems, Inc. filed a petition for en banc rehearing with the Federal Circuit on October 21 asking it to review the so-called Fresenius-Simmons preclusion principle. The petition …
Tangled Up in ‘Blue Ivy’: Beyoncé Battles Massachusetts Wedding Planner in Trademark Dispute
Beyoncé is more than just one of the music industry’s most recognizable stars. She has built a business empire that extends into entertainment production, fashion, major …
USPTO Issues Additional Subject Matter Eligibility Guidance
On Thursday, October 17, the USPTO issued new patent eligibility guidance. The new guidance discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG) that was …
Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally
This week in Other Barks & Bites: US Inventor will host an inventor rally during AIPLA’s Annual Meeting to protest the PTAB; the Federal Circuit vacates dismissal …
Professors Brief Capitol Hill Staffers on Proposal to Weed Out ‘Bad Patents’
On Thursday, October 17, a Capitol Hill staff briefing will take place at 3:30 PM in 226 Dirksen Senate Office Building on a proposal to increase the amount of time …
Nonprecedential CAFC Decision Presents Questions of Standing
In Knauf Insulation, Inc. v. Rockwool International, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s …
The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use
In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
Rest in Peace Friend: Remembering Donald Dunner
It is with great sadness that I write today on the occasion of the passing of a true legend in the patent world. Donald Dunner, a partner …
Were the Wright Brothers Patent Trolls? One View of R Street Institute’s Capitol Hill Panel on Patents
On Tuesday, I attended a panel discussion on the National Security Implications of Patents along with my siblings, Madeline and Gideon Malone, and we were informed that …
The Global Implications of the CJEU’s Ruling in Google ‘Right to Be Forgotten’ Case
On September 24, the Court of Justice of the European Union (CJEU) delivered its decision in case C-507/17, Google v. CNIL regarding the territorial scope of the “right …
Facebook Sued by FinTech Company Over Calibra Logo
Facebook is being sued by online banking company, Finco Services, Inc., which operates as Current, for trademark infringement, unfair competition, and false designation of origin relating to …
PTAB Invalidates Nasdaq Patent Claims on Automated Securities Trading in Series of CBMs
On October 9, the Patent Trial and Appeal Board issued a final written decision in a covered business method (CBM) review which invalidated all 38 claims of Nasdaq’s …
