The US Court of Appeals for the Federal Circuit confirmed a district court’s analysis under the Administrative Procedure Act (APA) of three challenges to the US Patent and Trademark Office (PTO), affirming the district court’s lack of jurisdiction for the
IP Update
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Verdict Delivered: Shipment Notification Claims are Patent Ineligible—Even with Security Flair
The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that a patent claim directed to a delivery notification system was subject matter ineligible under 35 U.S.C. § 101. Elec. Commc’n Techs., LLC v. ShoppersChoice.com,…
Double Meaning Can Make Mark Distinctive
The US Court of Appeals for the Eleventh Circuit reversed a district court’s grant of summary judgment invalidating a service mark for lacking distinctiveness, finding that a reasonable jury could understand the mark to entail a double meaning and therefore…
Prayer for Declaratory Relief Invokes Copyright Act and Available Attorneys’ Fees
Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any action that turns…
Chalk One Up to the Knock-Off
Addressing issues of design patent infringement, copyright infringement, trade dress infringement and unfair competition, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment on all claims. Lanard Toys Limited v. Dolgencorp LLC,…
Prior Art-Based Invalidity Analysis May Be Possible for Indefinite Claim
Addressing a decision by the US Patent and Trademark Office’s Patent Trial and Appeal Board (Board) declining to find certain claims unpatentable because they contained means-plus-function elements without any corresponding disclosed structure, the US Court of Appeals for the Federal…
Copyright Damages Limited to Three Years Before Lawsuit Filing
Addressing a myriad of issues relating to copyright law, the US Court of Appeals for the Second Circuit found that the discovery rule applies for statute of limitations purposes in determining when copyright claims accrue, but damages are limited to…
Arthrex Extended to Inter Partes Re-examination
The US Court of Appeals for the Federal Circuit denied a petition for panel rehearing regarding the constitutionality of decisions issued by the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB), holding that its decision…
A Party May Have Standing Even with Incorrect Patent Assignment
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision that a reformation of an incorrect assignment supports Article III standing and affirmed the court’s prejudgment interest award. Schwendimann v. Arkwright Advanced Coating, Inc., Case Nos.…
Where Should This Case Go? Appeals Court Tosses Venue Motion to Dismiss
Addressing for the first time whether a court must consider the adequacy of an alternative forum in its forum non conveniens analysis, the US Court of Appeals for the Federal Circuit affirmed the denial of a defendant’s motion to dismiss…