Posts in Courts


Disclosure-Dedication Rule: An Effective Tool Against Infringement Claims Under the Doctrine of Equivalents

The doctrine of equivalents allows a patentee to raise a claim of infringement even when each and every element of the patented invention is not identically present …

An Emerging Section 101 Expansion to Section 112(a) Enablement? The Federal Circuit Should Stop It Now

The most dominant, divisive issue in patent law over the last decade—Section101-eligibility and the Supreme Court’s Mayo-Alice framework—appears to have just become more …

CAFC Affirms-In Part District Court’s Refusal to Seal Uniloc’s Confidential Information

On July 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the U.S. District Court for …
By Rebecca Tapscott
2 days ago 0

CAFC Vacates Order Denying Attorney Fees to ShoppersChoice.com

On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded an Attorney Fee Order of the U.S. District Court for …
By IPWatchdog
5 days ago 0

Federal Circuit Extends Arthrex Holding to Ex Parte Proceedings

On July 7, the U. S. Court of Appeals for the Federal Circuit (CAFC), in In re: Boloro Global Limited, granted a motion by Boloro Global Limited (Boloro) …
By Rebecca Tapscott
5 days ago 0

Ninth Circuit Reverses Functionality and Fame Findings in Office Chair Trademark Case

On June 25, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Blumenthal Distributing v. Herman Miller, Inc. in which the appellate court …
By Steve Brachmann
6 days ago 0

‘Unalienable Rights’: Understanding America’s Growing Disdain for Physical and Intangible Property

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these …
By Gene Quinn
6 days ago 26

Federal Circuit Upholds Patent for Biologic Drug Enbrel; Judge Reyna Dissents

On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a holding of the U.S. District Court for the District of New …
By Rebecca Tapscott
7 days ago 1

Supreme Court’s Booking.com Ruling Signals Uptick in Registration of ‘Generic.com’ Marks

On Tuesday, June 30, the U.S. Supreme Court affirmed the Fourth Circuit’s holding that BOOKING.COM is a protectable trademark. The U.S. Patent and Trademark …
By John Strand & Amanda Slade
9 days ago 3

A Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)

Much has already been written in a relatively short period of time since the Eleventh Circuit decided Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. …
By Peter J. Toren
11 days ago 1

Lessons on Patent Subject Matter Eligibility from Dropbox v. Synchronoss

Since the Supreme Court decided Alice Corporation Pty. Ltd. v. CLS Bank International et al. on June 19, 2014, the number of patent application rejections by the U.S. …
By Christopher Hall
12 days ago 8

Bilski and Its Expansion of the Abstract Idea Exception: A Failure to Define

The Supreme Court's Bilski v. Kappos decision—which celebrated its 10th birthday this past weekend—still matters, even in the age of Mayo-Alice. For one thing, the …

Supreme Court Declines to Consider PTAB Authority to Overturn Article III Decisions

On June 30, the U.S. Supreme Court denied certiorari to Chrimar Systems, Inc., thereby letting stand a decision of the United States Court of Appeals for the …
By IPWatchdog
13 days ago 3

Federal Circuit Affirms PTAB’s Conclusion of Obviousness on Grounds of Common Sense

On June 26, the U.S. Court of Appeals for the Federal Circuit affirmed a final written decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
13 days ago 2

The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks

The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods …
By Eileen McDermott
14 days ago 7