Posts in Circuit Courts of Appeal
Ninth Circuit Set to Clarify Aesthetic Functionality Doctrine
A case now pending before the Ninth Circuit, LTTB LLC v. Redbubble, Inc., Docket No. 19-16464, has the potential to clarify the controversial doctrine of aesthetic functionality. …
Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule
On the morning of Monday, January 13, the U.S. Supreme Court heard oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The case asks …
The Fifth Circuit Must Preserve the Patent-Antitrust Balance by Upholding Actavis
The pharmaceutical industry presents some of the most important and challenging issues lying at the intersection of the patent and antitrust laws. On the one hand, patents …
Does ‘Scraping’ Data Violate the Computer Fraud and Abuse Act?
We live in a world where data has become an increasingly valuable asset and huge companies are built on the collection and analysis of publicly available data. …
Chertoff Op-Ed on FTC v. Qualcomm Misrepresents the National Security Threat
On November 25, former Director of Homeland Security Michael Chertoff wrote an opinion piece in the Wall Street Journal that chastised the Department of Energy for filing an …
Final Briefs Filed with SCOTUS in Romag Fasteners Case on Trademark Infringement Damages
On November 27, briefing concluded at the Supreme Court with the filing of Fossil’s respondent’s brief in Romag Fasteners, Inc., v. Fossil, Inc., et al. The …
Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit
This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
Other Barks & Bites for Friday, November 29: China Pledges ‘Social Satisfaction’ on IP Protection and Nominates Candidate to Head WIPO
This week in Other Barks & Bites: the Federal Circuit issues precedential decisions regarding its authority to remand to the PTAB, patent prosecution history estoppel and expert testimony …
IP Holds Lessons for Antitrust Law; No Monopoly on Patent Appeals the Way to Go
In November, the UIC John Marshall Law School held their 63rd Annual Intellectual Property Conference in Chicago, IL. The program consisted of four plenary sessions and nine …
Other Barks & Bites: USPTO Updates AIA Trial Practice Guide, VoIP-Pal Beats Four Apple IPR Petitions, and China is Top Filer of Blockchain Patents
This week in Other Barks & Bites: the U.S. Patent and Trademark Office issues an updated AIA Trial Practice Guide following SAS Institute v. Iancu; the AM-FM …
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 …
