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The IP Law Blog

Pfizer and BioNTech Claim Immunity from COVID-19 Vaccine Testing IP Claim

By Jessica R. Corpuz

April 16, 2021

COVID-19 coronavirus vaccine in doctor hands

Pfizer and BioNTech recently asked the Southern District of California to dismiss a patent infringement claim from Allele Biotechnology related to Pfizer and BioNTech’s Covid-19 vaccine. Allele holds a patent for a fluorescent protein called mNeonGreen, which causes some cells to glow when exposed to certain kinds of light. Allele does not claim that mNeonGreen is used in the vaccine or was used by Pfizer and BioNTech to develop the vaccine, but rather that mNeonGreen…

The IP Law Blog

Fair Use Shields Google in Its Copyright Battle with Oracle

By Jo Dale Carothers

April 8, 2021

Google office building in the Company's campus in Silicon Valley

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. The platform allows “computer programmers to develop new programs and applications” for Android-based devices. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37…

The IP Law Blog

De Novo or Abuse of Discretion? Trademarks, The Unclean Hands Defense, and Summary Judgment Review

By James Kachmar

April 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc. v. Metal Sport, Inc. (decided Feb. 16, 2021). In the Metal Jeans case, Gary Topolewski owned Metal Jeans and was…

The IP Law Blog

How to Challenge a Patent in the PTO

By Audrey A Millemann

March 26, 2021

The validity of a United States patent can be challenged in federal court litigation. Patents can also be challenged in the U.S. Patent and Trademark Office, which, in most cases, is a quicker and less costly process. The PTO provides three procedures by which a patent can be challenged: inter partes review (IPR), post grant review (PGR), and ex parte reexamination. In IPRs and PGRs, the challenger and the patent owner both participate, and the…

The IP Law Blog

Federal Circuit Set to Have First Vacancy in Six Years

By Eric Caligiuri

March 19, 2021

On March 16, 2021, U.S. Circuit Judge Evan J. Wallach for the Federal Circuit Court of Appeals announced he plans to take senior status on May 31, 2021. This semi-retirement is set to create the first vacancy at the Federal Circuit in almost six years. The Federal Circuit handles all appeals of patent cases from Districts Courts in the U.S., and appeals from various government agencies. Thus, the Federal Circuit is the only one of…

The IP Law Blog

Is the Best Defense to a Copyright Infringement Claim No Defense at All?

By Josh H. Escovedo

March 12, 2021

Red Copyright Symbol on Wodden Floor lean on green Grunge Wall with Copy Space - 3D-Illustration

We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by photographers against celebrities who reposted photos on their social media accounts. Two specific celebs who have taken a stand are Emily Ratajkowski and LeBron James. I am writing today to discuss what may be a new strategy in such copyright…

The IP Law Blog

SPIN Trademark Has Peloton Wrapped Around the Axel

By Scott Hervey

March 5, 2021

Fitness machine at home woman biking on indoor stationary bike exercise indoors for cardio workout. Closeup of shoes on bicycle

While Shakespeare may have wondered “what is in a name?”, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. Mad Dogg Athletics, located in Venice, CA, is the owner of the trademarks SPIN and SPINNING. Mad Dogg registered SPIN on…

The IP Law Blog

Meeting of the Minds: The Price of Recklessness: Disgorgement of Proﬁts in a Post-Romag World

By Josh H. Escovedo & Zack Thompson

March 2, 2021

©2021. Published in Landslide, Vol. 13, No. 3, January/February 2021, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. The U.S. Supreme Court issued numerous landmark decisions in 2020, among those—for…

The IP Law Blog

Recent Case Demonstrates the Need for Caution When Embedding Links to Social Media Posts

By Jessica R. Corpuz

February 26, 2021

A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s own server, but instead is linked to a third-party server like a social media site. Instead of the photo being permanently available on the website, the website pulls the photo from the third-party site live when the website…

The IP Law Blog

Can the U.S. Government Be Liable for Patent Infringement?

By Jo Dale Carothers

February 18, 2021

Close up of pencil on Infringement of patents

The answer is “Yes” because the U.S. government has waived sovereign immunity for claims of patent infringement. This means the U.S. government can be sued for patent infringement in at least some instances. However, special rules and certain limitations apply as explained in 28 U.S.C. § 1498, which states, in part: (a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United…

Weintraub Tobin

Weintraub Tobin Blogs

Blog Authors

Pfizer and BioNTech Claim Immunity from COVID-19 Vaccine Testing IP Claim

Fair Use Shields Google in Its Copyright Battle with Oracle

De Novo or Abuse of Discretion? Trademarks, The Unclean Hands Defense, and Summary Judgment Review

How to Challenge a Patent in the PTO

Federal Circuit Set to Have First Vacancy in Six Years

Is the Best Defense to a Copyright Infringement Claim No Defense at All?

SPIN Trademark Has Peloton Wrapped Around the Axel

Meeting of the Minds: The Price of Recklessness: Disgorgement of Proﬁts in a Post-Romag World

Recent Case Demonstrates the Need for Caution When Embedding Links to Social Media Posts

Can the U.S. Government Be Liable for Patent Infringement?

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