Search results - found 167
Copyright protection for graffiti and street artists (International reports)
The legal issues surrounding the extent of copyright protection for graffiti and street art unsettled and unresolved by the courts. However, there are signs that graffiti artists may be able to count on some form of copyright protection by public (or, at least, social media) acclamation.
Supreme Court rules on patentable subject matter in Alice (International reports)
The Supreme Court has issued its decision in Alice Corporation v CLS Bank International. This case dealt with what constitutes patentable subject matter under 35 USC 101. The decision affirmed the Federal Circuit's earlier en banc per curiam decision in which it unanimously held that the method and "computer-readable media" claims at issue were not patent eligible.
The role of the expert witness in calculating damages (International reports)
The Federal Circuit Court of Appeals has set aside a US$358 million damages award in Lucent v Gateway, finding that the evidence was insufficient to support the jury’s verdict. The case provides some useful guidance on the role of expert witnesses in working out damages.
Intellectual property made easy: set an information trap (International reports)
There are signs that traditional methods of patent and trademark monitoring are waning as the US Patent and Trademark Office embraces real-time web-based alerts, digital subscription services and partnerships with data capture experts.
Scope of CBM review is limited (International reports)
In a rare reversal of a Patent Trial and Appeal Board (PTAB) decision, the Federal Circuit recently determined that the PTAB had incorrectly used an overly broad definition of a 'covered business method' (CBM) patent in instituting a CBM review of a challenged patent.
Does first sale doctrine allow infringement claims for imported genuine goods? (International reports)
Two cases pending before the Supreme Court and the Court of Appeals for the Second Circuit deal with the questions of which rule applies when someone buys a copyrighted article outside the United States and then imports it, and whether such importation is an act of infringement under Section 602 of the Copyright Act or a permitted activity under the first sale doctrine.
Balance between brand protection and artistic expression: strengthening the First Amendment (International reports)
Two recent decisions reflect the increasing strength of free speech rights for authors of expressive works and the elevation of those rights over rights of trademark owners, so long as there is no express statement that could mislead consumers as to the source or content of the work.
Personal jurisdiction over out-of-state defendant may exist based on single act (International reports)
The US Court of Appeals for the Second Circuit has held that specific personal jurisdiction over an out-of-state trademark defendant may exist based on a single act of shipping an item into New York, along with other substantial business activity in-state. The case establishes a relatively low bar for plaintiffs seeking to enforce their trademark rights, at least in New York.
Trademarks and Neil Gorsuch a heated tale of chilli peppers and agency regulation (International reports)
Judge Neil Gorsuch's plainspoken criticism of the Trademark Trial and Appeal Board's Manual of Procedure in a 2016 case suggests that the US Supreme Court nominee is more likely to adhere to the Federal Rules of Civil Procedure's primary aim of promoting speedy and inexpensive trials than what he described as a "pointless process".
Is it time to reform 35 USC Section 101? (International reports)
The American Intellectual Property Law Association and the Intellectual Property Owners Association recently proposed changes to the legal framework governing the analysis of what constitutes patent-eligible subject matter in an effort to curtail the current confusion resulting from recent Supreme Court rulings.
KUBA KUBA held to be geographically deceptively misdescriptive for cigars (International reports)
In In re Jonathan Drew Inc d/b/a Drew Estate, in a precedential opinion, the Trademark Trial and Appeal Board (TTAB) has held that the mark KUBA KUBA was primarily geographically deceptively misdescriptive when used in connection with cigars. Among other things, the TTAB found that at least a substantial portion of consumers would be influenced by the geographic deception into purchasing the goods.
Dealing with trolls: litigation trends and their impact on licensing strategies (International reports)
Non-practising entities have enjoyed considerable successes to date by filing suit in friendly venues such as the Eastern District of Virginia and the Eastern District of Texas. However, new judicial trends reveal that the balance of power is shifting in favour of accused infringers.
Supreme Court affirms no first sale defence for foreign-made copies (International reports)
The Supreme Court has affirmed the Ninth Circuit's decision in Omega SA v Costco Wholesale Corp, upholding the Ninth Circuit's interpretation of the first sale doctrine as inapplicable to foreign-made goods covered by US copyrights. On its face, the case appears to strike a blow to one of the remaining openings in the grey market. However, it may be less of a victory for international vendors than it appears at first glance.
Can the bankruptcy model salvage inter partes review? (International reports)
As the Supreme Court prepares to hear oral argument in Oil States Energy Services LLC v Greene's Energy Group LLC, the constitutionality and structure of inter partes review hangs in the balance.
Federal Circuit strikes down patent directed to patent-ineligible subject matter (International reports)
The Court of Appeals for the Federal Circuit recently struck down yet another patent as being directed to patent-ineligible subject matter. The case, while providing yet another example of what is not patent eligible, does not help the patent community in determining what is patent eligible.
‘Private’ sale of invention bars patents (International reports)
While patent applicants in the United States have the benefit of a one-year grace period for filing a patent application after novelty-destroying disclosures, a recent case underscores the hazards of relying on that grace period.
IP managers need to collaborate across functional silos (International reports)
Are your organisation's creative, strategy and legal functions integrated? If not, you may be missing market-critical opportunities to create or exploit fully the value of your intellectual property. Facilitate communication among your creatives, lawyers and business executives and you will counteract functional silos and better manage your IP assets.
Federal Circuit to consider 'prototype manufacturer' exception to on-sale bar (International reports)
The Court of Appeals for the Federal Circuit has agreed to consider en banc whether the manufacture of a prototype by a third-party supplier is a “sale” that triggers the one-year statutory bar under US patent law.
Supreme Court changes appellate standard of review (International reports)
The Supreme Court recently changed the appellate standard of review for the facts underlying a district court's claim construction determination. Following this decision, expert testimony on claim construction issues will become more important. Further, the Federal Circuit may place renewed emphasis on primacy of intrinsic evidence, which is still reviewable de novo.
Supreme Court rules PTAB proceedings constitutional (International reports)
The Supreme Court has issued dual decisions with substantial implications for the future of inter partes reviews and related proceedings for challenging the validity of patent claims before the Patent Trial and Appeal Board.
Register for more free content
- Read more IAM blogs and articles
- Receive the editor's weekly review by email