Posts in Circuit Courts of Appeal


Eighth Circuit Finds ‘Hot Pocket’ Patents Were Not Fraudulently Obtained

On June 18, the U.S. Court of Appeals for the Eighth Circuit (the circuit court) affirmed the district court’s grant of summary judgment in Inline Packaging, …
By Rebecca Tapscott
2 days ago 0

Lessons From Jerry Seinfeld’s Second Circuit Copyright Win

You may have seen a web series featuring Jerry Seinfeld called Comedians in Cars Getting Coffee. The basic premise of the show is that Seinfeld and another …
By C. Dale Quisenberry
8 days ago 1

D.C. Circuit Finds No Proximate Cause in Patent Attorney Malpractice Case

On June 12, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) affirmed a decision of the U.S. District Court for …
By IPWatchdog
15 days ago 4

Second Circuit Affirms Welsh Government Advertising Activity Triggered Exception to Sovereign Immunity

On June 8, the U.S. Court of Appeals for the Second Circuit, in Pablo Star Ltd. V, Welsh Gov’t, affirmed a decision of the U.S. …
By Rebecca Tapscott
21 days ago 2

Eleventh Circuit Finds ENGINEERED TAX SERVICES Mark Inherently Distinctive

On May 14, the U.S. Court of Appeals for the Eleventh Circuit reversed a decision of the U. S. District Court for the Southern District of Florida …
By Rebecca Tapscott
1 month ago 0

Section 512 Report Suggests Fine-Tuning Knowledge and Eligibility Requirements for DMCA Safe Harbors

On May 21, the U.S. Copyright Office published a report on Section 512 of Title 17 of the U.S. Code, which governs limitations on copyright liability to materials …
By Steve Brachmann
1 month ago 0

Second Circuit Joins Ninth Circuit Approach to Assessing Individual Copyright Claims in Group Registrations

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision in Sohm v. Scholastic in which the appellate court reversed in part …
By Steve Brachmann
1 month ago 0

Social Media Influencers Beware – Street Art Is Protected by Copyright

The U.S. Court of Appeals for the Second Circuit recently confirmed that street art is, in fact, protected by copyright law.  Castillo v. G&M Realty …
By Michael Garfinkel
2 months ago 3

PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls

The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by …
By Timothy Maloney & David Gosse
2 months ago 3

Copyright Lawyers on SCOTUS Decision in Georgia v. Public.Resource.Org: Expected, But Possibly Problematic

On Monday, the U.S. Supreme Court ruled in Georgia et al. v. Public.Resource.Org., Inc. that a state code revision commission cannot claim copyright protection …
By Eileen McDermott
2 months ago 6

Bad Spaniels Make Bad Law: Ninth Circuit Says Dog Toy is an Expressive Work Entitled to First Amendment Protection

The U.S. Court of Appeals for the Ninth Circuit held that a squeaking dog toy resembling a bottle of Jack Daniel’s whiskey is an expressive …
By Jared Kagan
3 months ago 2

Sanofi Decision Presents Opportunities to Clear the Patent Thicket for Generic Pharmaceuticals

The U.S. Court of Appeals for the First Circuit has made brand companies think twice about creating patent thickets in the Orange Book by resuscitating an …
By Joel Wallace & Jason Harp
3 months ago 2

Ninth Circuit Alters Its Approach to Assessing Copyright Infringement in Ruling for Led Zeppelin

The en banc U.S. Court of Appeals for the Ninth Circuit has ultimately sided with Led Zeppelin in a long-running case examining whether the opening notes …
By Eileen McDermott
4 months ago 6

Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument

On February 13, the Ninth Circuit heard oral argument in the FTC v. Qualcomm case. Counsel for Qualcomm and the Federal Trade Commission (FTC) argued primarily about whether …
By Kristen Osenga
4 months ago 0

Innovators Brace for Ninth Circuit Oral Arguments in FTC v. Qualcomm

The U.S. Court of Appeals for the Ninth Circuit is set to hear oral arguments tomorrow in the closely-watched case of FTC v. Qualcomm, which will …
By Eileen McDermott
5 months ago 1