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 …
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 …
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) …
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 …
‘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 …
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 …
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 …
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. …
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. …
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 …
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 …
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 …
