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IP Intelligence
Website Advertisements and Copyright Fair Use
By Cory Barnes
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107 is common practice.…
IP Intelligence
Federal Circuit Disregards ‘Manipulative Activities’ of Plaintiffs in Deciding Venue Transfer
The U.S. Court of Appeals for the Federal Circuit recently issued a precedential opinion discussing plaintiffs’ attempts to influence venue through reliance on a licensing agreement that purported to limit…
IP Intelligence
Appellate Hot Potato: Which Circuit Court Will Hear a ‘Walker Process’ Appeal?
In the latest round of appellate hot potato, the U.S. Court of Appeals for the Federal Circuit transferred to the U.S. Court of Appeals for the Fifth Circuit an appeal…
IP Intelligence
A Brief Overview of the USPTO’s Interim Procedures Implementing Arthrex
On June 21, 2021, the Supreme Court issued its long-awaited decision in United States v. Arthrex, 19-1434, 19-1452, 19-1458. The issue in Arthrex was “whether the authority of Administrative Patent…
IP Intelligence
Tips for Benefitting from a U.S. Trademark Examiner’s Amendment
By Deborah A. Wilcox, Gabrial Mitchell
Trademark examiners in the U.S. often will reach out to applicants to handle certain amendments to their applications, avoiding the issuance of formal office actions. There are many benefits to…
IP Intelligence
A Pattern of Deceit? SCOTUS to Consider Whether Section 411(b) of the Copyright Act Imposes a Mental State Requirement Akin to Fraud
On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter…
IP Intelligence
USPTO Implementing Trademark Modernization Act
By Kevin Wallace, Deborah A. Wilcox
Earlier this month, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rule-making[1] to implement provisions of the Trademark Modernization Act (TMA), which Congress passed in…
IP Intelligence
Good Faith <i>De Minimis</i> Use of a Mark May Defeat a Claim of Trademark Abandonment in the Fifth Circuit
In Perry v. H.J. Heinz Company, et al. (No. 20-30418 5th Cir. April 12, 2021), the U.S. Court of Appeals for the Fifth Circuit dealt with the issue of whether…
IP Intelligence
Bio-Rad Co-ownership Defense Fails at the CAFC
By John Hilten
On April 29, 2021, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision holding the importation and sale by Bio-Rad Laboratories,…
IP Intelligence
Supreme Court to Decide Fate of Assignor Estoppel
In Hologic, Inc. v. Minerva Surgical, Inc. (Fed. Cir. April 22, 2020), the Federal Circuit declined the “invitation to ‘abandon the doctrine’ of assignor estoppel” and, after concluding that the…