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AIA – Summary of new § 102(a) and (b)
The America Invents Act of 2011 contains a number of very important changes to United States patent law. Probably the most discussed change is that of a “first to invent” system to a “first inventor to...
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Gene Patents: The Myriad Genetics Case – Understanding the Science and the Law
This is a series of articles on the Myriad Genetics case (Association for Molecular Pathology v. U.S. Patent and Trademark Office, No. 2010-1406 (Fed. Cir. July 29, 2011). A three-judge panel of the...
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Patent trolls and the AIA – a Potential non-Litigation Business Strategy
On March 16, 2013, the United States changes from a “first to invent” country to a “first inventor to file” country for patent applications. Patent “trolls” or “non-practicing entities” (NPEs) own...
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Second Circuit rules that a TV-streaming company does not qualify as a “cable...
Yesterday in WPIX v. ivi, the Second Circuit affirmed a preliminary injunction against ivi, Inc. and its CEO, prohibiting them from re-transmitting copyrighted cable TV programs. ivi itself began the...
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Apple v. Samsung and awards of defendant’s profits: the potential for...
One aspect of the Apple v. Samsung litigation that has not received much coverage in the press is the basis of the jury’s $1.05 billion damages award. According to an interview with the jury foreman,...
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Color Trademarks Prevail Over Aesthetic Functionality
The Second Circuit has determined that fashion designer Christian Louboutin’s use of a distinctive red sole can serve as a trademark as long as it contrasts with the other colors of the shoe. In doing...
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Fifth Circuit Addresses Waived Arguments To Avoid the Appearance of a Circuit...
Baisden v. I’m Ready Productions Inc., 5th Cir., No. 11-20290, involved copyright and contract claims between the author of Men Cry in the Dark the book, and the author of Men Cry in the Dark, the...
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Patent Protection: too much of a good thing?
Over at the Becker-Posner Blog, Judge Posner’s recent blog post argues that the U.S. patent system may act to hinder innovation: When patent protection provides an inventor with more insulation from...
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The New York Times Discovers That Patents Are Weapons
Following IntellectualIP’’s recent coverage of Judge Posner’s potential anti-competitive effects of patents, here, Sunday’s New York Times has a story by Steve Lohr and Charles Duhigg titled “The...
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Myriad Genetics: Laws of Nature and the Philosophy of Science
In Association for Molecular Pathology vs. Myriad Genetics, the Federal Circuit on August 16, 2012 issued its opinion regarding the patentability of Myriad’s method and composition of matter claims...
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Internet Prior Art; Related Circuit Split
In what can be characterized as a case of first impression, the Federal Circuit has concluded that a “printed publication” under 35 U.S.C. 102(b) includes an article distributed online via a...
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Retailers Beware: “Browsewrap” Agreements Threaten Enforcement of Website...
As Black Friday and Cyber Monday approach, a word of caution for online retailers: your website’s terms of use may be a “browsewrap” agreement, which could jeopardize its enforceability. By now, most...
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Defending the Patent System from Criticism
BNA reports that Federal Circuit Chief Judge Rader and former Chief Judge Michel defended the patent system from recent criticism in a recent session in Washington, D.C., titled, “Patents and the...
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Standards for Preliminary and Permanent Injunctions: Judge Newman’s Mote or...
Professor Crouch at Patently-O discusses the Federal Circuit’s recent reversal of a denial of a preliminary injunction in Revision Military, Inc. v. Balboa Manufacturing Co. The Professor takes aim at...
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Are Human Genes Patentable?
Certiorari granted on this question. Figure 4 of the 5,747,282 Patent Nelson Capes previously blogged about the Association for Molecular Pathology vs. Myriad Genetics case here and the science behind...
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CLS Bank v. Alice Corp. –“Abstract” Computer Patents Under Attack
The Electronic Frontier Foundation (“EFF”) has filed an amicus brief in CLS Bank v. Alice Corp., wherein the Federal Circuit will be holding an en banc hearing to address the issue of when a computer...
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Supreme Court to resolve reverse-payment legality
The United States Supreme Court announced Friday that it has agreed to review the issue of reverse patent settlements in drug cases in Federal Trade Commission v. Watson Pharmaceuticals, Inc.. The...
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“I know it when I see it.”
Federal trademark law prohibits the registration of a mark that includes “immoral, deceptive, or scandalous matter.” 15 U.S.C. § 1052(a). Today in In re Fox, the Federal Circuit affirmed a...
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Protip: Don’t raise 8 issues on appeal
Here’s something you never want to see in response to one of your appeals: Both parties have appealed and have raised many—too many—issues. Accentra v. Staples is a multi-patent and trademark dispute...
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Supreme Court: Already v. Nike is Moot.
Sometimes a party who is sued will voluntarily cease its objectionable conduct to end the lawsuit. That cessation, however, does not automatically moot the other party’s claim. City of Mesquite v....
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