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IP Intelligence
Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional
On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark…
IP Intelligence
Patent Portfolio Management – a Team Approach to Patent Drafting
On my drive to work, there was a trash bag on the freeway, then a box, and later a couple of bags flying around. I wondered where this garbage came…
IP Intelligence
Strategic Use of a Reissue Application in the Context of an Inter Partes Review (IPR) Proceeding
In Legend3D, Inc. (Petitioner) v. Prime Focus Creative Services Canada Inc. (Patent Owner), Case IPR2016-00806, the Patent Trial and Appeal Board (Board) lifted a stay of a pending reissue application…
IP Intelligence
Federal Circuit Provides Guidance on Joint Infringement Standard
In Travel Sentry, Inc. v. Tropp, Appeal No. 16-2386 (Fed. Cir. Dec. 19, 2017),[1] the Federal Circuit clarified the scope of joint infringement under 35 U.S.C. § 271(a).[2] Specifically, the…
IP Intelligence
Federal Circuit Splits on Approach to Analyzing Graham Factors
By Wade Haaland, Allen Sokal, David Farsiou
In Merck Sharp & Dohme Corp. v. Hospira, Inc.,[1] the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S. Patent No. 6,486,150 (the ’150 patent)…
IP Intelligence
Spanski Enterprises, Inc. v. Telewizja Polska, S.A.: How Far Is Too Far When It Comes to the Extraterritorial Reach of US Copyright Law?
By Robert Welsh
As a general matter, acts of copyright infringement that occur outside the jurisdiction of the United States are not actionable under U.S. copyright law. “The Copyright Act, it has been…
IP Intelligence
The Federal Circuit Provides a Tutorial on Patent Venue
By Allen Sokal
The Federal Circuit in In re Cray, Inc., Appeal No. 2017-129 (Fed. Cir. Sept. 21, 2017), has provided extensive guidance to district courts on the meaning of an alleged infringer’s…
IP Intelligence
Intellectual Ventures v. Motorola: Use = Benefit for the Purposes of System Claims Infringement
On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in patent infringement actions.…
IP Intelligence
UGC Uncertainty Consternation Continues
Amended 9th Circuit Decision Does Not Clarify the Extent to Which Service Providers Can Manually Screen for Inappropriate User Content In April 2017, the 9th Circuit Court of Appeals startled…
IP Intelligence
A Cautionary Tale: IPR Petition Denied Based on Third-Party Submission
In Cultec, Inc. v. StormTech LLC, IPR2017-00777, Paper 7 (Aug. 22, 2017), the Patent Trial and Appeal Board (Board) denied an inter partes review because the same or substantially the…