Posts in Circuit Courts of Appeal
Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options
This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark …
Eleventh Circuit Takes A Bite Out of Originality in Dentist Photographer Case
Ownership of a valid copyright requires that the work be independently created by the author and have some “minimal degree of creativity,” as required by Feist Publ’…
Other Barks & Bites, Friday, November 8: SCOTUS Hears Allen v. Cooper Copyright Case, U.S. Government Sues Gilead, Amici Submit Briefs to CAFC in Chrimar
This week in Other Barks & Bites: the Trump Administration sues Gilead for infringement over HIVE PrEP treatment patents; Senators Inhofe and Wicker ask President Trump to show …
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 …
The Changing Landscape of Copyrights: Hope Shifts from Photographers to Users
Copyrights protect original works of authorship fixed in a tangible medium of expression. When photographers take pictures of individuals, there are substantial questions regarding the elements that …
Other Barks & Bites, Friday, October 11: IPWatchdog Celebrates, USPTO Meets Pendency Goals, SCOTUS Denies IP Cases and ACLU Opposes CASE Act
This past week in Other Barks & Bites: the Federal Circuit issued precedential decisions affirming the invalidation of patent claims covering osteoarthritis treatments and a costs award to …
Re-examining the USPTO’s Bid for Adjudicatory Chevron Deference—a Response to One Analysis of Facebook v. Windy City
Last week, Professor Andrew Michaels published an article with IPWatchdog commenting on Facebook v. Windy City and the U.S. Patent and Trademark Office’s claim for …
Other Barks & Bites, Friday, September 27: CAFC Partially Vacates PTAB Decision, Colarulli Appointed to Head LESI, and Copyright Office Seeks Comments on Music Modernization Act
This week in Other Barks & Bites: the Federal Circuit issued a precedential decision reversing the PTAB regarding proper primary reference and CBM review findings; USPTO Director Iancu …
Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits
The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs
On August 30, a number of amicus briefs were filed in the FTC v. Qualcomm appeal in the U.S. Court of Appeals for the Ninth Circuit. The …
Other Barks & Bites, Friday, September 13: CASE Act Moves Out of Committee, Iancu Discusses SEPs and PTAB Designates Two Decisions as Precedential
This week in Other Barks & Bites: the Federal Circuit issued precedential decisions regarding secondary considerations of non-obviousness, limits to design patents and collateral estoppel of antitrust claims …
FTC Commissioner Christine Wilson Tells Patent Masters Attendees FTC v. Qualcomm Decision ‘Scares Me’
Commissioner Christine Wilson of the U.S. Federal Trade Commission (FTC) addressed the IPWatchdog Patent Masters Symposium on Tuesday, September 10, emphasizing three main points in her keynote: …
Monster Energy Appeals to Ninth Circuit Following District Court Denial of Injunction Against ISN
In the most recent development in a case between energy drink brand Monster Energy Company and maker of automotive tools Integrated Supply Network, LLC (ISN), the U.…
Other Barks & Bites, Friday, August 23: POP Issues Key Ruling, Gilead Challenges PrEP Patents, Qualcomm and LG Enter Licensing Agreement
This week in Other Barks & Bites: the USPTO’s Precedential Opinion Panel delivers a key ruling for inventors; the Second Circuit rules that a series of six …
SCOTUS to Consider if State Legal Texts May Be Copyrighted in Georgia v. Public.Resource.Org
That an open government is inseparable from a free society is one of the basic tenets supporting American democracy. If people are to be ruled by laws, …
