Posts in Circuit Courts of Appeal


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 …
By IPWatchdog
2 months ago 2

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 …
By IPWatchdog
2 months ago 7

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 …
By Gene Quinn & Steve Brachmann
3 months ago 0

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 …
By IPWatchdog
3 months ago 0

The Trademark Cases the Supreme Court Will Hear Next Term

On June 28, the U.S. Supreme Court granted certiorari to take up a pair of cases that could affect how trademark cases are argued in federal courts. …
By Steve Brachmann
3 months ago 0

Other Barks & Bites for Friday, June 28: Supreme Court Grants Trademark Cases for Next Term, Senators Reiterate Need for Patent Eligibility Reform, and Four Pharma Bills Advance in Senate

This week in Other Barks & Bites: The Supreme Court today agreed to hear two trademark cases next term; Senators Thom Tillis and Chris Coons issue a statement …
By IPWatchdog
4 months ago 0

Supreme Court to Rule Whether Congress Appropriately Abrogated State Sovereign Immunity for Copyright Claims in Allen v. Cooper

As we anxiously await a final decision from the U.S. Supreme Court in Iancu v. Brunetti, and decisions on pending petitions for certiorari in several other …
By Steve Brachmann
4 months ago 2

Other Barks & Bites for Friday, June 14: TERM Act Targets Patent Evergreening, Senate Patent Eligibility Hearings Wrap, and Huawei Seeks Patent Licenses From Verizon

This week in Other Barks & Bites: the Supreme Court’s decision in Return Mail prohibits the federal government from petitioning for America Invents Act (AIA) patent validity …
By IPWatchdog
4 months ago 0

Long Overdue Victory for the FTC Restores Balance to Standard Essential Patents

In a June 4 op-ed to IPWatchDog, James Edwards launched a scathing attack against Judge Koh and her 233-page ruling, which found Qualcomm to have engaged in anticompetitive …
By Alexander Prenter
4 months ago 0

Not Here to Start Trouble: Court Rules Documentary’s Use of Super Bowl Shuffle Was Fair Use

The Eighties are in! A contagious wave of nostalgia has infected popular culture with period TV series, from shows like Stranger Things to rebirths and reboots of …
By John Cannan
4 months ago 0

Other Barks & Bites for Friday, June 7: Delrahim Remarks on FRAND, SCOTUS Grants Cert in Copyright Case, Google Buys Looker

This week in Other Barks & Bites: the Wisconsin Alumni Research Foundation's petition to the Supreme Court in a case against Apple; AAG Makan Delrahim's remarks about misuse …
By IPWatchdog
4 months ago 0

Other Barks & Bites, Friday May 24: Coons Requests Info on Alexa Privacy, Congress Pushes 101 Reform, and Qualcomm Will Appeal Its Loss to the FTC

This week in Other Barks & Bites: Chinese state media pushes back on the United States’ claims of intellectual property theft; a bipartisan coalition from both houses of …
By IPWatchdog
5 months ago 0

In Mission Product Ruling, Supreme Court Clarifies Longstanding Circuit Split on Effects of Bankruptcy on Trademark Licenses

As predicted, the U.S. Supreme Court has ruled that a debtor’s rejection of a license agreement in bankruptcy proceedings does not mean the licensee no …
By IPWatchdog
5 months ago 0

Other Barks & Bites for Friday, May 17: Trump Bans Huawei, Alibaba Shows Improved Brand Protection and China Revises Copyright Law

This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump …
By IPWatchdog
5 months ago 1

Other Barks & Bites for Friday, May 10: Congress and Trump Crack Down on Pharma, Amici File Briefs in Acorda, and USPTO to Modify Patent Term Adjustment Procedures

This week in Other Barks & Bites, IPWatchdog's IP news roundup: the House of Representatives passes drug patent legislation, while antitrust legislation targeting patent-related activities is introduced into …
By IPWatchdog
5 months ago 21