On Jan. 8, 2018, the Federal Circuit issued its significant en banc decision in Wi-Fi One, LLC v. Broadcom. In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.
In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.
Refusal Is an Unconstitutional Violation of Free Speech
On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.
The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in Signature Mgmt. Team, LLC v. Doe. The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual.
Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO
Federal Circuit Affirms Board's Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious
Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO
This article examines the impact of TC Heartland with a focus on recent Federal Circuit decisions applying TC Heartland and further clarifying the scope of where patent cases may be filed.
Board Says It Doesn't Matter Whether Use Is By a Trademark Owner Or a Third Party
In a nearly 50-page precedential opinion, the Trademark Trial and Appeal Board (TTAB) panel of Judges Adlin, Heasely, and Lynch, underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. Tao Licensing, LLC, v. Bender Consulting d/b/a Asia Pacific Beverages.
There Was No Clear Majority at Oral Argument Signaling the Death of Inter Partes Review
November 27 was supposed to be the big Patent Trial and Appeal Board (PTAB) showdown at the U.S. Supreme Court. After two hours of questioning, it seemed more like a big bust.
Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products
District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of TC HeartlandJanuary 01, 2018Jeffrey S. Ginsberg and Hui Li
