Posts in Circuit Courts of Appeal


Former Employee Does Not Have to Assign Inventions to Covidien, First Circuit Says

Last week, the U.S. Court of Appeals for the First Circuit affirmed a district court ruling denying a request for declaratory judgment by Covidien LP and …
By Butch Laker
29 days ago 1

Second Circuit: Museum’s Online Exhibit Featuring ‘Frankenstein’ Guitar Photo was Fair Use

On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum …
By Eileen McDermott
1 month ago 1

Second Circuit Delivers Blow for Fair Use in Warhol’s Prince Photograph Case

On March 26, the U.S. Court of Appeals for the Second Circuit reversed The United States District Court for the Southern District of New York’s decision …
By Logan Murr
1 month ago 0

Despite ‘Tortured’ Statement from FTC’s Slaughter, Win for Qualcomm is a Win for American Innovation

The Federal Trade Commission’s (FTC’s) March 26 deadline for filing a petition for writ of certiorari at the U.S. Supreme Court has come and gone, …
By Steve Brachmann
1 month ago 3

Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions

On March 17, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded a decision from the U.S. District Court for the Western District …
By Nancy Braman
2 months ago 0

Is Litigation Threatening to Burst the [Red]bubble? Courts Weigh in On IP Implications of Redbubble’s Unique Online Marketplace

With brick-and-mortar stores closing at rapid paces and online sales surging, marketers are developing new models to facilitate sales through innovative online platforms. One of those new …

Ninth Circuit Gives Guidance on Specification of Trade Secrets Under the Defend Trade Secrets Act

Two of the most important issues in trade secret cases involve the timing of when the plaintiff is required to identify its alleged trade secrets and the …
By Peter J. Toren
3 months ago 0

Looking Back at the Highest Impact Trademark Cases of 2020

This year saw its fair share of high profile trademark cases: the Second Circuit vacated Tiffany & Co.’s $25 million summary judgment win against Costco Wholesale Corp. in …
By Megan Bannigan & Jared Kagan
5 months ago 1

Supreme Court Ponders Proper Application of the Computer Fraud and Abuse Act

In Van Buren v. United States, argued December 1, the Supreme Court has a chance to address how the Computer Fraud and Abuse Act applies when a defendant …
By Peter J. Toren
5 months ago 1

Skidmore Seeks a Second Chance at SCOTUS in Led Zeppelin Copyright Case

On October 30, Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, filed a petition for rehearing of the denial of its August 6 petition for writ of certiorari …
By Rebecca Tapscott
6 months ago 0

Will SCOTUS Tell Bad Spaniels to Roll Over?

Sometimes a dog toy is just a dog toy. Maybe that’s how Sigmund Freud would have put it; certainly, that’s the message from our client, …
By Jared Kagan & Jeremy Feigelson
7 months ago 4

DOJ Takes Key Step Toward Breaking Up Big Tech with Antitrust Complaint Against Google

The U.S. Department of Justice and Attorneys General from 11 U.S. states filed a complaint on Tuesday in the United States District Court for the District …
By Eileen McDermott
7 months ago 7

Third Circuit Finds Stick-Shaped Cookie Trade Dress Invalid

Last week, the United States Court of Appeals for the Third Circuit affirmed a decision of the district court that granted summary judgment to Lotte International America …
By IPWatchdog
7 months ago 0

The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach

The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
By James Edwards
8 months ago 1

Recent Trademark Developments: Four Cases Shaping the Law in the United States and Beyond

Trademark law has seen substantial developments in 2019 and 2020, with four major cases in the United States and Europe rising to the top. The U.S. Supreme Court (…
By Nancy Braman
8 months ago 0