Posts in District Courts


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
5 days ago 1

Peloton Wants to Cancel the Mark SPINNING for Being Generic – the TTAB Has Rarely Granted Such a Petition

Peloton’s petitions to cancel Mad Dogg’s registered trademarks for SPIN and SPINNING (in Classes 41 and 28) for genericism ask the Trademark Trial and Appeal Board (TTAB) …

Biden Announces Intent to Nominate Tiffany Cunningham to Federal Circuit

President Joe Biden today announced 11 judicial candidates – 10 for federal circuit and district court judge positions, including Tiffany Cunningham as nominee for the United States Court of Appeals …
By IPWatchdog
12 days ago 80

Ex Parte Seizures Five Years After the Enactment of the Defend Trade Secrets Act

Almost five years has passed since the enactment of the Defend Trade Secrets Act (DTSA) on May 11, 2016, which provides for civil relief for the theft of trade …
By Peter J. Toren
16 days ago 0

Patent Filings Roundup: Pulling the Pinn; Cal Tech Expands Chip Suit; USF Research Foundation Patent Petitioned

It was another typical Patent Trial and Appeal Board (PTAB)/district court split this week, with 33 petitions (two of them post grant reviews [PGRs]) and 71 district court …
By Jonathan Stroud
17 days ago 2

Federal Circuit Upholds Attorneys’ Fees Award, Grants Appellate Fees and Double Costs in Cheekd Dating App Case

In 2019, IPWatchdog reported on Lori Cheek, an independent inventor and founder of the dating service, Cheekd, who has spent the last several years defending herself against accusations …
By Eileen McDermott
18 days ago 4

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
19 days ago 0

Mysterious Patent Attacks: Policymakers Must Stand Up and Require Patent Membership Organizations Reveal Themselves

A strong and predictable intellectual property system is crucial to protecting and promoting American innovation around the globe. It allows American businesses of any size to compete …
By Robert Stoll
23 days ago 40

Parties’ Names Should Generally be Disclosed to the Public, Says CAFC

On March 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Middle District of Florida’s decision directing the clerk to unseal the …
By Butch Laker
24 days ago 0

Patent Filings Roundup: Canon(ball) Runs to the ITC; District Court Filings Spike

Patent Trial and Appeal Board (PTAB) filings held at 25 this week, with one post grant review (PGR) and 24 inter partes reviews (IPRs); district court patent filings jumped …
By Jonathan Stroud
25 days ago 0

What the Latest Optis Wireless v. Apple Ruling Means for Patent Infringement Damages for SEPs

In a previous article, we considered the difference between a reasonable royalty for infringement of a U.S. patent and a fair, reasonable and non-discriminatory (FRAND) rate …
By Curtis Dodd
28 days ago 0

Albright Rebuked Again by CAFC After Letting Second Transfer Motion Linger

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on March 8 that Western District of Texas Judge Alan Albright’s failure to rule on …
By Logan Murr
1 month ago 12

CAFC Corrects District Court Claim Construction, Doctrine of Equivalents Analysis in Diaper Genie Infringement Case

On March 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and reversed the U.S. District Court for the Central District of California’…
By Nancy Braman
1 month ago 0

Patent Filings Roundup: Fintiv Dooms CBMs; Canadian Process Ends IPR; New and Old NPE Campaigns Filed

Patent Trial and Appeal Board (PTAB) filings are way down for the third week in a row, with 15 inter partes reviews (IPRs) and two post grant reviews (…
By Jonathan Stroud
1 month 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 …