Posts Tagged: Guest Contributor
CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References
The Federal Circuit recently held in Campbell Soup Company v. Gamon Plus, Inc. (September 26, 2019) that a prior art reference lacking one of only two features shown in …
Tangled Up in ‘Blue Ivy’: Beyoncé Battles Massachusetts Wedding Planner in Trademark Dispute
Beyoncé is more than just one of the music industry’s most recognizable stars. She has built a business empire that extends into entertainment production, fashion, major …
USPTO Issues Additional Subject Matter Eligibility Guidance
On Thursday, October 17, the USPTO issued new patent eligibility guidance. The new guidance discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG) that was …
The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use
In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
The Global Implications of the CJEU’s Ruling in Google ‘Right to Be Forgotten’ Case
On September 24, the Court of Justice of the European Union (CJEU) delivered its decision in case C-507/17, Google v. CNIL regarding the territorial scope of the “right …
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 …
How Foreign Patent Infringers Are Subject to Jurisdiction in the United States
The Federal Circuit’s decision in In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018), considered whether the TC Heartland decision extended to foreign defendants to afford them …
Patagonia Case Cautions Against Rule 12 Motions to Dismiss Dilution Claims
The U.S. District Court for the Central District of California recently issued a decision in the closely watched Patagonia, Inc. v. Anheuser-Busch, LLC, 19-CV-02702 case. Here, …
Kentucky Steps Up When Patents Step Out for Insurance Innovation
Insurance is a highly regulated field. New approaches to innovation are sorely needed. The need for innovation itself is undeniable as the tech world runs head long …
Public Health is a Mess Because Governments are Obstructing Innovation in Nutrition
Experts agree that public health issues in the United States are not being solved despite an abundance of highly trained personnel, remarkable facilities, and access to the …
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 …
It Is Time for Federal Circuit Judges of Good Conscience to Call Out Their Colleagues
Recently, IPWatchdog published an excellent article by Wen Xie outlining the legal inconsistencies of the Chamberlain v. Techtronic Industries opinion, penned by Judge Chen. Unfortunately, describing the …
The Insurance-Intellectual Property Interface: Traps for the Unwary
Intellectual property litigators are often required to assess and pursue insurance coverage that may be available for policyholders they represent in ongoing litigation. More than assuring prompt …
Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem
As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
Petition Asks USPTO to Undo Rulemaking on Physical Addresses in Trademark Applications
In February 2019, the U.S. Patent and Trademark Office (USPTO) instituted a rulemaking with the goal of reducing the number of fraudulent or inaccurate trademark applications. USPTO …
