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Highlights of the latest intellectual property news from around the country.

There are many ways that accepting a 2(f) notation can come back and haunt you once litigation has commenced.

Taking a page from the Federal Circuit's own analysis of the issue, we will examine the who, what, when, where (and why) of the decision in Exergen Corporation v. Wal-Mart Stores, Inc.

Is the Federal Circuit Playing with Fire?

Less than two months before the Supreme Court is scheduled to review the Federal Circuit's en banc decision in In re Bilski that found Bilski's business method claims unpatentable under 35 U.S.C. § 101, the Federal Circuit held in Prometheus Labs., Inc. v. Mayo Collaborative Servs. (Fed. Cir. 2009) that claims to a diagnostic method are patent-eligible subject matter. The Federal Circuit reversed the district court's decision and held that Prometheus' personalized medicine claims satisfied the machine or transformation test set out in Bilski.

The 'On-Sale' Bar After Pfaff

Pfaff v. Wells Elecs., Inc. is widely recognized as a milestone in the annals of patent law for providing direction as to how courts are to analyze and apply the statutory "on-sale" bar to the granting of patents. This article explores how the Federal Circuit has applied Pfaff in more recent cases.

Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine

In one of the most closely watched trademark-related appeals in recent memory, In re Bose Corp., the Federal Circuit overturned the central holding of Medinol Ltd v. NeuroVasx Inc.. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.

October issue in PDF format

IP News

Highlights of the latest intellectual property news from around the country.

A Negative Light

The Florida Supreme Court recently ruled that false light invasion of privacy is not a valid cause of action in Florida, opting instead for a new claim titled "defamation by implication."

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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Sender Beware: Jurisdictional Risks of Pre-Litigation Communications
The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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