Posts in Litigation
Supreme Court Denies Trading Technologies, ChargePoint Petitions
The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
In Search of a Jury Trial: One Inventor’s Experience at the PTAB and Federal Circuit
Outlined below is the story of how the America Invents Act (AIA) of 2011 made a novel 2002 invention obvious in 2018. I’m the first named inventor of the 7058524 …
Review of Key 2019 Trade Secret Decisions and Trends (Part II)
Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139 S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that …
VirnetX Urges SCOTUS to End Apple Gamesmanship in Decade-Long Patent Battle
VirnetX on Wednesday filed its brief in opposition to Apple’s petition for certiorari to the Supreme Court, which asks the High Court to review the Federal …
IBM, Toyota Join LOT Network, Underscoring Rapid Growth for the Patent Risk Management Consortium
Information technology giant IBM recently announced that it had agreed to join the LOT Network, a nonprofit patent risk management consortium designed to immunize its members from …
Protecting Creative Works After Fourth Estate v. Wall-Street.com
In a landmark ruling, the Supreme Court finally unequivocally answered the question about whether copyright owners need to receive a Registration Certificate from the Copyright Office before …
Trademark Litigation Review—What Happened in 2019 and What to Watch This Year
Two things are true about the world of trademarks—it is rarely boring, and something is always on the horizon. The following are some of the significant …
Nintendo Dodges $10.1 Million Jury Verdict in Texas Order Invalidating iLife Patent Under Alice
The U.S. District court for the Northern District of Texas, Dallas Division, overturned a $10.1 million jury verdict on January 17 against Japanese gaming giant Nintendo under the …
Seven Steps to Address Trade Secret Misappropriation by Whistleblowers
The primary purpose of the Defend Trade Secrets Act (DTSA) is to provide federal remedies to individuals and companies that have had their trade secrets misappropriated. That …
CAFC Affirms District Court Judgment on Coffee Cartridge Patents
On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision affirming the District Court’s judgment of invalidity as to …
Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content
Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that …
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. …
Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award
On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
Federal Circuit Affirms District Court Decision for CBS in Light of PTAB Invalidation
Last Friday, the Federal Circuit affirmed a district court decision that found for the CBS Corporation in its defense against infringement and invalidity as to three claims …
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 …
