Posts in Courts
The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle
Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
Drafting Lessons from a 101 Loss in the Eastern District of Texas
On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
Satan Shoes: Trademark Blasphemy or Free Speech?
Though the parties have quickly settled their case, the question remains open: was Lil Nas X’s “Satan Shoe” an exercise of free speech or a trademark …
Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung
In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results
For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never …
CAFC Dismisses Apple’s Bid to Overturn PTAB Holding it Failed to Prove Qualcomm Patents Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday dismissed two appeals filed by Apple against Final Written Decisions of the Patent Trial and …
Rules of Evidence Crush Wi-LAN’s Patent Infringement Claims Against Vizio and Sharp
On April 6, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, …
In re Stanford: Ruined by a Processor and a Memory
Computer boilerplate – such as including “a processor and a memory” in claims – is commonplace in patent applications. However, the recent case of In re Stanford shows that …
Second Circuit: Museum’s Online Exhibit Featuring ‘Frankenstein’ Guitar Photo was Fair Use
On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum …
License to Copy: Your Software Code Isn’t Safe After Google v. Oracle
In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. This time, the Justices blessed Google's copying of Oracle's …
Computer Programs are Different, Says SCOTUS in Landmark Ruling that Google’s Use of Oracle’s API Packages Was Fair
The U.S. Supreme Court this morning found Google’s use of Oracle’s Java application programming interface (“API packages”) a fair use as a matter of …
Peloton Wants to Cancel the Mark SPINNING for Being Generic – the TTAB Has Rarely Granted Such a Petition
Peloton’s petitions to cancel Mad Dogg’s registered trademarks for SPIN and SPINNING (in Classes 41 and 28) for genericism ask the Trademark Trial and Appeal Board (TTAB) …
Second Circuit Delivers Blow for Fair Use in Warhol’s Prince Photograph Case
On March 26, the U.S. Court of Appeals for the Second Circuit reversed The United States District Court for the Southern District of New York’s decision …
Patent Filings Roundup: No Fracking IPRs; New Magnetar NPE Identified; Board Rules on Scope of Adverse Judgment
With a pretty-standard 30 Patent Trial and Appeal Board (PTAB) petitions and 70+ district court complaints filed this week, it’s worth noting that the steady stream of IP …
Despite ‘Tortured’ Statement from FTC’s Slaughter, Win for Qualcomm is a Win for American Innovation
The Federal Trade Commission’s (FTC’s) March 26 deadline for filing a petition for writ of certiorari at the U.S. Supreme Court has come and gone, …
