IP News
Federal Circuit Finds Internet Method Unpatentable Under <i>Alice</i><br>Federal Circuit: No Collateral Estoppel For Similar, But Unrelated, Patent
Federal Circuit Again Addresses Patent-Eligibility Of Internet-Centric Claims
On Dec. 5, 2014, a divided Federal Circuit panel held that claims directed to systems and methods of generating a composite Web page combining certain visual elements of a "host" website with content of a third-party merchant were patent-eligible. However, the patent-eligibility of Internet-centric claims remains unsettled.
Legal Presumptions of Consumer Confusion and Injury in Lanham Act Cases
The United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence" and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act. <i>Merck Eprova AG v. Gnosis S.p.A.</i>
Eleventh Circuit Sets Parameters of Fair Use Defense
In a 129-page opinion, the Eleventh Circuit Court of Appeals has provided a detailed analysis of the "fair use" defense under the Copyright Act, as applied to digital course materials offered by a public university.
What Constitutes 'A Sale' and 'an Offer to Sell'?
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
IP News
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
The Brave New World Of Internet Copyright Trolls
Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.
Insurance Coverage In Trademark Disputes
On Aug. 20, 2014, summary judgment was granted to the plaintiff insurance company, upholding its denial of coverage to indemnify judgments in two trademark counterfeiting cases. <i>United States Fidelity & Guarantee v. Ashley Reed Trading.</i> The opinion provides insight to trademark practitioners about insurance coverage and provides information about strategies for trademark owners' enforcement efforts.
Full Disclosure Necessary for Patent Applicants
On Sept. 26, 2014, the Federal Circuit issued its opinion in <i>American Calcar, Inc. v. American Honda Motor Co.</i> Judges Prost and Wallach affirmed the decision of the U.S. District Court for the Southern District of California that three American Calcar patents were unenforceable due to inequitable conduct. Judge Newman filed a strongly worded dissent.
IP News
Federal Circuit Defines "By Means Of" <br>Doctrine of Claim Differentiation Insufficient to Overcome Plain Meaning of Claim Term<br>Patentee's Failure to Connect the Dots Insufficient, But Not Sanction-Worthy
