The Patent Trial and Appeal Board (Board) designated as informative a decision on institution of a post-grant review (PGR), which set forth an analysis for determining whether a design patent’s claims are primarily functional and therefore not patentable under 35
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PTAB Sets Forth Procedure for Confidential Oral Hearings
The Patent Trial and Appeal Board (PTAB) designated as informative a decision explaining the procedure for holding oral arguments where confidential information will be discussed. Curt G. Joa, Inc. v. Fameccanica.Data S.P.A., Case No. 2016IPR-00906 (PTAB June 20, 2017) (Chagnon,…
No Hiding from § 317(b): Collateral Agreements Referenced in IPR Termination Agreement Must Be Disclosed
The Patent Trial and Appeal Board (Board) designated as precedential a decision on a motion to terminate under § 317(a), finding that any collateral agreements referred in the parties’ agreement to terminate a pending inter partes review (IPR) must be filed…
PTO Extends Time to Petition for Restoration of Right of Priority or Benefit
The US Patent and Trademark Office (PTO) extended the time to petition for restoration of the right of priority or benefit to certain prior-filed applications. Pursuant to the Coronavirus Aid, Relief, and Economic Security Act and 37 CFR § 1.183,…
Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted
In a non-precedential ruling, the US Court of Appeals for the Second Circuit affirmed the dismissal of a makeup artist’s lawsuit filed against a fashion photographer, finding the plaintiff’s state unjust enrichment and unfair competition/misappropriation claims were preempted by the…
Non-Infringement Need Not “Be Actually Litigated” to Invoke Kessler Doctrine
Addressing the issue of claim preclusion, the US Court of Appeals for the Federal Circuit affirmed the district court’s holding that patent infringement customer lawsuits were precluded in view of a prior action against a website proprietor that was dismissed…
More Remote Work Could Mean More Out-of-State Employees
The success of remote working arrangements during the COVID-19 pandemic has made more employers interested in hiring out-of-state workers. In a recent article, Michelle Strowhiro, a partner in McDermott Will & Emery’s Employment Practice Group, explained how relaxed labor laws…
Too Early to Hang Up on Click-to-Call
In the wake of its six-week-old decision in Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court of the United States has now granted certiorari in an appeal of another case arising from a Federal Circuit appeal from a Patent…
LGBTQ Title VII Ruling May Impact Your Employee Benefit Plan
On Monday, June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects transgender, gay and lesbian employees (and prospective employees) from workplace discrimination based on sex. This means…
Weekly IRS Roundup June 15 – June 20, 2020
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of June 15 – June 20, 2020. Additionally, for continuing updates on the tax impact of COVID-19, please visit our resource…