Posts in Circuit Courts of Appeal
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, …
Eleventh Circuit Affirms Contributory Trademark Infringement Verdict Against Landlord for Luxury Eyewear Manufacturers
On August 7, the U.S. Court of Appeals for the Eleventh Circuit affirmed a jury verdict from the U.S. District Court for the Northern District of …
Other Barks & Bites, Friday, August 16: Iancu to Brief CAFC on Precedential Opinion Panel Deference, China to Regulate Patent Agencies, and FCC Approves T-Mobile/Sprint Merger
This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to …
Second Circuit Ruling on “Velocity” Trademark Clarifies Standards For Awards in Lanham Act Cases
The U.S. Court of Appeals for the Second Circuit issued a decision in an appeal from the U.S. District Court for the Southern District of …
Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service
This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
Seventh Circuit Clarifies When Utility Patents Can Be Used as Evidence of Functionality in Trade Dress Cases
On June 12, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 (7th Cir. June 12, 2019). …
Seventh Circuit Finds Gatorade’s Use of ‘Sports Fuel’ in Its Slogan Constitutes Fair Use
The United States Court of Appeals for the Seventh Circuit last week ruled that well-known sports drink maker Gatorade's use of the slogan, ““Gatorade The Sports Fuel …
Other Barks & Bites, August 2: VirnetX Patent Claims Revived, AIA Trial Fees Increased, and CAFC Rules in Celgene that AIA Trials Do Not Violate the Fifth Amendment
This week in Other Barks & Bites: The Federal Circuit issues several precedential decisions, including one reviving the patent claims in VirnetX and another determining that America Invents …
Ninth Circuit Told They Should Stay Judge Koh’s Qualcomm Injunction
On July 15, retired Federal Circuit Chief Judge Paul Michel filed an amicus brief in Qualcomm’s appeal of the Federal Trade Commission’s (FTC) antitrust case to …
Other Barks & Bites, Friday, July 19: USPTO Updates AIA Trial Practice Guide, Senate Bill to Block Huawei Patent Purchases, and CASE Act Voted Out of Committee
This week in Other Barks & Bites: Senators Rubio and Cornyn introduce a bill to prevent Huawei from buying and selling U.S. patents; the CASE Act to …
