The Federal Circuit has vacated a District of Delaware ruling in a patent case which found that patent claims asserted by Astellas Pharma were invalid under 35 U.S.C. § 101 for being directed to an abstract idea. The Federal...more
The Federal Circuit has ruled that a US patent-holder plaintiff may be able to recover damages for a defendant’s foreign sales of infringing products if the foreign sales were proximately caused by the defendant’s improperly...more
An en banc panel of the Federal Circuit recently heard arguments in a case that could change how courts assess design patents for “obviousness.”
LKQ Corporation and GM Global Technology Operations LLC are engaged in a...more
3/5/2024
/ Appeals ,
Design Patent ,
En Banc Review ,
Obviousness ,
Ornamental Design ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
SCOTUS ,
Utility Patents
The Federal Circuit has affirmed a decision of the Patent Trial and Appeal Board (PTAB or Board) finding unpatentable certain claims of a patent for making semiconductor devices.
The case is Bell Semiconductor LLC v....more
The Federal Circuit has ruled that when members of a patent family have different expiration dates due to patent term adjustments (PTAs), the earlier-expiring patent family members can be used as a basis for an...more
The US Court of Appeals for the Ninth Circuit has found that specific knowledge is required for liability in a case of contributory trademark infringement.
The case is Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc.,...more
The US Supreme Court has issued its decision in the important copyright law case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al....more
6/6/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
SCOTUS ,
The Copyright Act ,
Transformative Use
The US Supreme Court has declined to hear a petition on the issue of whether artificial intelligence (AI) can be considered an inventor on a patent.
As we discussed in this blog, in 2019 Stephen Thaler sought patent...more
Every year on January 1, new works enter the public domain. In 2023, all literary works, musical compositions, and movies first published or released in 1927 entered the public domain in the United States.
Earlier works...more
The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021 canceling a trademark registration for an image of a monkey by the anonymous UK artist known as Banksy....more
The Federal Circuit has ruled that the definition of a claim term in a patent incorporated by reference into the patent at issue doesn’t limit the claims in the patent at issue.
In Finjan LLC v. ESET, LLC, Finjan sued...more
The Federal Circuit has ruled that only human beings – and not an artificial intelligence (AI) can be considered an “inventor” under US patent law.
(We wrote about this issue way back in 2017, by the way…)...
...more
8/15/2022
/ Appeals ,
Artificial Intelligence ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Act ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
USPTO