Posts Archive


Trade Secret Litigation Reports: Four Years After the Enactment of the Defend Trade Secrets Act

On May 11, 2016, President Obama signed into the law the Defend Trade Secrets Act (DTSA) which extended the Economic Espionage Act of 1996 (EEA), which provides a broad basis …
By Peter J. Toren
7 days ago 2

Uniloc v. LG Shows that Broad Software Claims are Patent Eligible, Highlights the Perils of Concession

The Federal Circuit’s recent Uniloc v. LG Electronics decision (April 30, 2020) may be very helpful for subject matter eligibility. This Federal Circuit panel (Moore, Reyna & Taranto) held …
By Scott Zimmerman
8 days ago 14

Federal Circuit Issues Several Rulings Defining Contours of Arthrex Decision

Recently, the U.S. Court of Appeals for the Federal Circuit has issued several rulings defining some of the contours of the impact of its decision last …
By Steve Brachmann
8 days ago 3

(Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?

Is imitation really the highest form of flattery? Nintendo might not think so after seeing dbrand’s latest Switch skin set. The Nintendo Switch has become extremely …
By Samantha Levin
9 days ago 6

Other Barks & Bites for Friday, May 15: SCOTUS Rules in Trademark Defense Preclusion Case, CAFC Extends Arthrex to Reexams, EPO Enlarged Board of Appeal Issues Ruling on Patentability

This week in Other Barks & Bites: the Supreme Court finds that Lucky Brand Dungarees isn’t precluded from asserting new defenses under federal preclusion principles; the Federal …
By IPWatchdog
10 days ago 0

Federal Circuit Affirms District Court Finding of Standing Despite Improperly Filed Assignment

On May 13, 2020, the United States Court of Appeals for the Federal Circuit (CAFC) upheld a decision of the United States District Court for the District of Minnesota …
By Rebecca Tapscott
11 days ago 0

Supreme Court Reverses Second Circuit Approach to Defense Preclusion in Win for Lucky Brand

As predicted following oral arguments, the U.S. Supreme Court today ruled that Marcel Fashion Groups, Inc. cannot preclude Lucky Brand Dungarees, Inc. from raising new defenses …
By Eileen McDermott
11 days ago 0

Four Artificial Intelligence Technologies to Lead the Global Economy Out of the Pandemic

Technology innovation in artificial intelligence (AI) is accelerating at a breakneck pace, and the ability to innovate, adopt and integrate AI techniques to evolve business models will …
By Louis Lehot
11 days ago 0

District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel

The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel …
By Eileen McDermott
12 days ago 13

Court Rejects Rogers Test, Introduces ‘Genuine Artistic Motive’ Test in Stouffer v. National Geographic

On May 8, the U.S. District Court for the District of Colorado granted National Geographic’s Motion to Dismiss Stouffer’s amended complaint in Stouffer v. National …
By Rebecca Tapscott
12 days ago 1

Patent Filings Roundup: Forum Selection Clause Ends an IPR; Vape Wars: Philip Morris Strikes Back; Fortress Subsidiary Gets an NHK Spring Bounce

It was another business-as-usual week for patent filings in the District Courts and before the Patent Trial and Appeal Board, with 54 suits and 29 petitions (two post grant …
By Jonathan Stroud
12 days ago 1

Assessing the Impact of American Axle Six Months Out

Since the Supreme Court’s Alice decision in 2014, many patent prosecutors in Industrial & Mechanical Technologies practice groups have been spared the headaches that the decision created for …

Ericsson v. TCL Lays Bare the Federal Circuit’s Fundamental Hostility to Patents

It has become difficult to understand why the Federal Circuit does what it does in any number of rulings, but its decisions relating to patent eligibility have …
By Gene Quinn
13 days ago 19

Why We Need USPTO Examiners to Attend Inter Partes Reviews

Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
By Paul Hayes
13 days ago 39

This Week in Washington IP: Broadband Access During the Pandemic, IP in a Digital World and Commercializing Energy Innovation

This week in Washington, D.C., both houses of Congress will host a short hearing schedule as D.C. begins a slow return to some semblance of …
By IPWatchdog
14 days ago 0