Intellectual Property & Technology Blog Posts From June 2019

• Blog: Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings
  Date: June 28, 2019 Title: Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings
  Summary: On June 24, 2019, the United States Supreme Court agreed to review the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s (PTAB) decision to institute an inter partes review (IPR) upon finding that 35 U.S.C. § 315(b)’s 1-year time bar to file an IPR does not apply. ...
• Blog: Supreme Court Declines to Hear ReDigi First Sale Doctrine Case
  Date: June 28, 2019 Title: Supreme Court Declines to Hear ReDigi First Sale Doctrine Case
  Summary: Despite the potentially important impact of the Second Circuit’s decision in Capitol Records, LLC v. ReDigi Inc. on the digital music industry, the United States Supreme Court has denied ReDigi’s petition to review the Second Circuit’s refusal to apply the First Sale Doctrine to the transfer of digital music files. ...
• Blog: SCOTUS: Free Speech Permits Registration of ‘Immoral or Scandalous’ Trademarks
  Date: June 25, 2019 Title: SCOTUS: Free Speech Permits Registration of ‘Immoral or Scandalous’ Trademarks
  Summary: On June 24, 2019, the United States Supreme Court ruled that the US Patent and Trademark Office (PTO) had violated applicant Erick Brunetti’s First Amendment right to free speech by denying him federal registration of the mark “FUCT” for use in his clothing line. In Iancu v. Brunetti, the Court held the Lanham Act’s prohibition on the registration of trademarks that “consist of or comprise immoral or scandalous matter” as unconstitutional....
• Blog: Claims with Precise Numerical Values - A Cautionary Tale
  Date: June 06, 2019 Title: Claims with Precise Numerical Values - A Cautionary Tale
  Summary: On March 31, 2019, the Federal Circuit Court of Appeals in Cobalt Boats, LLC v. Brunswick Corporation reversed a finding of infringement and vacated a $7.9 million award (inclusive of $2.5 million in attorneys’ fees) previously granted by the Eastern District of Virginia. Cobalt accused Brunswick of infringing their U.S. Patent No. 8,375,880 (the ‘880 patent) directed to a Retractable Step for Boat Swim Platform, issued February 19, 2013. ...
• Blog: Privilege Review Presents Unique Challenges In Intellectual Property Cases
  Date: June 03, 2019 Title: Privilege Review Presents Unique Challenges In Intellectual Property Cases
  Summary: Intellectual property (IP) litigation typically requires review and production of large volumes of documents and electronically stored information (ESI). The evolution of ESI has greatly multiplied the number of documents and the coincident broadening of the attorney-client, work product, joint defense, and other privileges has made it much more difficult to identify and remove all privileged documents from production, even after the introduction of rules designed to lessen the burden presented by large ESI...