The US Court of Appeals for the Second Circuit affirmed a district court’s denial of a motion to dismiss a copyright infringement suit on the ground of sovereign immunity, holding that advertising activity in the United States on behalf of
IP Update
Exploring the Latest in Intellectual Property Law
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South Carolina Supreme Court Cannot Find “Economic Value” to Support Trade Secret
The South Carolina Supreme Court (S.C. Supreme Court) affirmed a state Court of Appeals finding that information taken by a minority LLC member did not have the requisite independent value to be considered a “trade secret” under the state’s Trade…
Munchkin Is Luv-n This Win
Reversing an award of attorney’s fees, the US Court of Appeals for the Federal Circuit found that a district court abused its discretion in making an exceptional-case determination where patent and trademark infringement claims were reasonable. Munchkin, Inc. v. Luv…
Trademark Claim for Profit Damages Means No Jury Trial
The US Court of Appeals for the Ninth Circuit affirmed a denial of a jury trial demand in a trademark infringement lawsuit where only a claim of disgorgement of profits was at issue. JL Beverage Company, LLC v. Jim Beam…
Fee Shifting Under § 285 Does Not Apply to Conduct Solely Arising in IPR
Considering for the first time whether fee shifting of § 285 applies to exceptional conduct arising solely from an inter partes review (IPR) proceeding, the US Court of Appeals for the Federal Circuit held that § 285 does not authorize an award…
Copyright Office, Not Courts, Determines Validity of Registrations Containing Inaccurate Information
With the validity of a copyright registration at issue, the US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s judgment after a jury trial and award of attorney’s fees in favor of the plaintiff in…
USPTO Proposes New Rules for Post-Grant Proceedings
The United States Patent and Trademark Office (USPTO) proposed changes to the rules of practice for instituting review on all challenged claims or none in inter partes review (IPR), post-grant review (PGR) and the transitional program for covered business method…
Announcement: USPTO CARES Act Notice
On May 27, 2020, the United States Patent and Trademark Office (USPTO) extended the time for patent applicants to file certain patent-related documents or fees pursuant to section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).…
No Bones About It: McRO II Holds Patent Not Invalid and Not Infringed
The US Court of Appeals for the Federal Circuit vacated a summary judgment finding an asserted patent invalid for lack of enablement while affirming the holding of non-infringement. McRO, Inc. v. Bandai Namco Games America Inc., Case No. 19-1557 (Fed.…
Stuck at the PTAB – Expanding the Scope of Non-Appealable Institution Decisions
The US Court of Appeals for the Federal Circuit held that a decision by the Patent Trial and Appeal Board (PTAB) as to whether a post grant review petitioner properly disclosed all parties in interest is non-appealable. ESIP Series 2,…