Posts in Circuit Courts of Appeal
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 …
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 …
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 …
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 …
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 …
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 …
