The Patent Trial and Appeal Board (PTAB) doesn’t always get it right. This was demonstrated once again in a case where the U.S. Court of Appeals for the Federal Circuit found that the board had improperly failed to consider some vital factors when evaluating whether a...
Auto parts’ aesthetic appeal doesn’t invalidate design patents
Holders of design patents received some welcome news recently from a case in which some auto parts distributors sought declaratory judgment for invalidity of design patents to sell parts that were covered by a major vehicle manufacturer’s designs. The U.S. Court of...
IP due diligence in corporate transactions
The strength of a company’s intellectual property portfolio often drives the value of corporate transactions. Regardless of whether you are the acquisition target or the buyer in a transaction involving IP, the due diligence process should be designed to reveal the...
Limited protection: Inaccurate statement forfeits copyright infringement claim
Creative works are generally subject to copyright protection even without registration with the U.S. Copyright Office. But there are a number of important advantages to securing Copyright Registration — including the ability to file suit for copyright infringement....
It’s official: Supreme Court says government isn’t a person – for patent purposes
Patentees welcomed a recent U.S. Supreme Court decision that significantly reduces the pool of potential challengers to the validity of existing patents. Thanks to the ruling, federal government agencies can’t take advantage of three patent review processes created...
Sink or swim: Precise patent language scuttles infringement lawsuit
Generally, using precise and careful language in a patent application is wise. But providing a precise numerical value can work against a patentee when it comes time to bring an infringement claim. A boat manufacturer learned this lesson the hard way when it sued a...
PTAB rejects inherently obvious finding
What’s obvious to one person isn’t always obvious to another, and the same is true when it comes to patents. The U.S. Court of Appeals for the Federal Circuit demonstrated this principle in rejecting the Patent Trial and Appeal Board’s (PTAB’s) determination that a...
Supreme Court ruling leaves a mark
Trademark right survives licensor’s bankruptcy It’s never good news for a business when a company that the business has contracted with files for bankruptcy. But, according to a new U.S. Supreme Court ruling, there’s some good news for trademark licensees. In an 8-1...
Active or Passive?
What makes website operators directly liable for copyright infringement? As many copyright holders have learned the hard way, the Internet opened a whole new frontier in the world of infringement, particularly when it comes to pinning liability on the appropriate...
Vehicle charging station patents short-circuit under Alice analysis
The U.S. Federal Circuit Court of Appeals, the court that hears all patent-related appeals, continues to wield the so-called Alice test to knock down patents for abstract ideas. As part of one such decision, the court explained that abstract ideas aren’t...