Latest "Intellectual Property & Technology" Category Blog Posts

• Blog: Intellectual Property & Technology
  Date: May 29, 2020 Title: Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely
  Summary: In Molson-Coors Beverage Company v. Anheuser-Busch Companies, LLC, the United States Court of Appeals for the Seventh Circuit upheld the age old lesson of choosing your words wisely. The entire litigation arose out of Molson-Coors themselves listing ‘corn syrup’ as an ingredient in both their Miller Light and Coors light beers. ...
• Blog: Intellectual Property & Technology
  Date: May 11, 2020 Title: Supreme Court Holds PTAB Decisions Concerning One-Year Time Bar to File IPR Are Not Judicially Reviewable
  Summary: In Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States overturned the Court of Appeals for the Federal Circuit, holding that 35 U.S.C. §314(d) precludes judicial review of Patent Trial and Appeals Board (PTAB) application of the one-year time bar in a decision to institute an inter partes review (IPR). ...
• Blog: Intellectual Property & Technology
  Blog: COVID-19 Response Resource Center
  Date: April 29, 2020 Title: Trademark Lawsuits Used to Stop Exploitative Pricing Markup of Protective COVID-19 N95 Masks
  Summary: At a time when the world is grappling with the COVID-19 pandemic and the critical need for personal protective equipment, intellectual property owners have brought trademark infringement lawsuits to stop pandemic profiteers from price-gouging and engaging in other misleading tactics. These lawsuits demonstrate the power that intellectual property law has to protect valuable brands and stomp out outrageous conduct....
• Blog: Intellectual Property & Technology
  Date: April 22, 2020 Title: Federal Circuit Rules That a Jury Must Determine Visual Similarity Between Design Patent and Prior Art as Part of Obviousness Analysis
  Summary: The Federal Circuit issued a precedent-setting ruling that clarifies the appropriate roles of judges and juries when a design patent is challenged as obvious. In doing so, the Court strengthened designers’ rights by confirming that, in certain situations, the question of whether a design patent and the prior art are visually the same should be sent to a jury rather than determined by a judge at the summary judgment phase of litigation....
• Blog: Intellectual Property & Technology
  Date: April 20, 2020 Title: Who May Petition for Post-Grant Review Under The AIA?
  Summary: Under the America Invents Act of 2011 (AIA), any “person” other than the patent owner may challenge the patent owner’s patent(s) through post-grant review before the Patent Trial and Appeal Board. The patent statutes do not specifically define the term “person.” The presumption is that the term “person” does not include the federal government and its agencies....
• Blog: Intellectual Property & Technology
  Date: April 02, 2020 Title: Smooth Sailing for States to Infringe Copyrights
  Summary: The U.S. Supreme Court recently ruled 9-0 that a 1990 law intended to provide a means of redress against States that commit copyright infringement is unconstitutional as written, and that sovereign immunity shields States from being held liable for copyright infringement. Though most copyright owners do not have to worry about States infringing their works, the facts of the case offer an important insight that all owners of any IP should note....
• Blog: Intellectual Property & Technology
  Blog: Products Liability
  Date: March 31, 2020 Title: New York Judge Holds Additional Clinical Trial Results Must Be Reported to Public FDA Database
  Summary: A district court in New York has ruled that drug and clinical trial sponsors cannot avoid their obligation to submit “basic results” about the outcome of trials for approved products between September 27, 2007, when a statute requiring publication of this information on ClinicalTrials.gov went into effect, and January 18, 2017, when regulations finally went into effect to implement the statute. ...
• Blog: Intellectual Property & Technology
  Date: March 25, 2020 Title: PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference
  Summary: The Federal Circuit ruled the Patent Trial and Appeals Board (PTAB) cannot permit a party to join itself as a party to its own existing inter partes review (IPR) petition and cannot permit adding new time-barred issues to an old petition by joinder. ...
• Blog: Intellectual Property & Technology
  Blog: COVID-19 Response Resource Center
  Date: March 23, 2020 Title: Trademark Registrations Are No Place For Pandemic Opportunism
  Summary: Major cultural and world events, along with even goofy tweets, often give rise to a run on the trademark office by those hoping to strike it rich through being the first to monopolize a phrase. No one ever gets rich from this tactic and these antics only illustrate the profound misunderstanding most of the populace has about what a trademark is....
• Blog: Intellectual Property & Technology
  Date: March 20, 2020 Title: The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling
  Summary: One of the biggest rulings in music copyright law was recently issued by an en banc panel of the Ninth Circuit Court of Appeals and its impact has already been felt in another high-profile case. The decision in Skidmore v. Led Zeppelin (Ninth Circuit No. 16-56057, Issued March 9, 2020) marked what will certainly be seen by copyright scholars as a watershed moment. ...