Posts in Circuit Courts of Appeal


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 …
By Lee Burgunder
4 months ago 3

Other Barks & Bites, Friday, October 11: IPWatchdog Celebrates, USPTO Meets Pendency Goals, SCOTUS Denies IP Cases and ACLU Opposes CASE Act

This past week in Other Barks & Bites: the Federal Circuit issued precedential decisions affirming the invalidation of patent claims covering osteoarthritis treatments and a costs award to …
By IPWatchdog
4 months ago 1

Re-examining the USPTO’s Bid for Adjudicatory Chevron Deference—a Response to One Analysis of Facebook v. Windy City

Last week, Professor Andrew Michaels published an article with IPWatchdog commenting on Facebook v. Windy City and the U.S. Patent and Trademark Office’s claim for …
By David Boundy
4 months ago 5

Other Barks & Bites, Friday, September 27: CAFC Partially Vacates PTAB Decision, Colarulli Appointed to Head LESI, and Copyright Office Seeks Comments on Music Modernization Act

This week in Other Barks & Bites: the Federal Circuit issued a precedential decision reversing the PTAB regarding proper primary reference and CBM review findings; USPTO Director Iancu …
By IPWatchdog
5 months ago 0

Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits

The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
By IPWatchdog
5 months ago 0

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 …
By Kristen Osenga
5 months ago 0

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 …
By IPWatchdog
5 months ago 0

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: …
By Eileen McDermott
5 months ago 0

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.…
By Nancy Braman
6 months ago 1

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 …
By IPWatchdog
6 months ago 0

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, …
By Kristin Lamb
6 months ago 0

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 …
By Nancy Braman
6 months ago 0

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 …
By IPWatchdog
6 months ago 1

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 …
By Nancy Braman
6 months ago 1

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 …
By IPWatchdog
6 months ago 0