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Omitting Engineers in Design Patent Applications is Timeless 

Apple Inc., v. Masimo Corp. et al., No. CV 22-1377, 2024 WL 4436629 (D. Del. Oct. 7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! The District of...more

Internet Archive’s Free E-Book Lending Not Fair Use

Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library...more

Royalty Roulette: When Contract Amendments Disconnect the Patent from the Payment

Zimmer Biomet Holdings, Inc. v. Insall, 2024 WL 3381286 (7th Cir. July 12, 2024) - The 7th Circuit recently upheld an arbitration award and found that royalties may be collected after the expiration of the related...more

Hey Siri, Are You A Tangible Product?  Delaware Judge Said No 

IPA Technologies Inc. v. Microsoft Corporation, No. CV 18-1-RGA, 2024 WL 1797394 (D. Del. Apr. 25, 2024) - On April 25, 2024, Judge Richard G. Andrews from District of Delaware found that Siri, the digital assistant...more

Check Your Clauses, MasterCard Gets Caught by Lack of Continuation After Termination 

ALEXSAM, INC., Plaintiff-Appellant v. MASTERCARD INTERNATIONAL INCORPORATED, Defendant-Appellee, No. 2022-2046, 2024 WL 825658 (Fed. Cir. Feb. 28, 2024) - On February 28, 2024, in AlexSam, Inc. v. MasterCard International...more

Patents Have Mistakes; You Should Fix Them At The PTO 

Canatex Completion Sol. Inc. vs. Wellmatics LLC, et al., Case No. 4:22-cv-03306, Dkt. No. 100 (S.D. Tex. Dec. 14, 2023) - Found a mistake in your patent?  You might want to get it fixed at the U.S. Patent and Trademark...more

Trick and Treat: File Fraudulent Declaration and Retain Trademark Registration 

Great Concepts, LLC v. Chutter, Inc., No. 22-1212 (Fed. Cir. Oct. 18, 2023) - Challenging years of perceived overreach, the Court of Appeals for the Federal Circuit (CAFC) recently questioned whether the Trademark Office...more

Ownership≠Authorship: No Copyright for AI System Owner

The U.S. District Court for the District of Columbia affirmed the Copyright Office’s denial of a copyright registration for a work of art created by an artificial intelligence (AI) computer system. Plaintiff Stephen Thaler...more

The Not So Long Arm of the Law: Limits on the Lanham Act

The Supreme Court decided the extraterritorial reach of two provisions of the Lanham Act prohibiting trademark infringement. Abitron appealed the Tenth Circuit’s decision that the Lanham Act extended to Abitron’s foreign...more

Federal Circuit Cooks District Court’s Decision to Add Bacon-Prep Inventor

This week, the Federal Circuit reversed the United States District Court for the District of Delaware’s (“District Court”) decision to add David Howard as a joint inventor on Hormel Food Corporation’s (“Hormel”) U.S. Patent...more

CAFC Holds Priority Favors True Trailblazers, Not Maze-Like Paths Through a Forest of Prior Applications: Regents of the...

The Court of Appeals for the Federal Circuit (“CAFC”) recently upheld a decision of the Patent Trial and Appeal Board (“PTAB”) that found some claims of U.S. Patent 8,815,830 (“the ’830 patent”) unpatentable as anticipated....more

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