In Ennio Morricone Music Inc. v. Bixio Music Group Ltd, the Second Circuit tackled the “knotty” issue of whether a composer’s score was a “work made for hire” under Italian copyright law. The court ultimately determined that a composer’s film scores were not “works made for hire,” under Italian law,
In MyMail, the Federal Circuit vacated the lower court’s judgment and remanded the case on the basis of the Federal Circuit’s new requirement that lower courts construe claims, first, before making any decision as to a patent’s eligibility. Here, the patent dispute arose between MyMail, LTD (“MyMail”) and ooVoo LLC,
Apple, Inc. (“Apple”) and VirnetX Inc. (“VirnetX”) have been feuding over several patents relating to secured communications over the internet since 2010 when VirnetX sued Apple in district court. Apple argued that the patents were invalid as anticipated by or obvious in light of the prior art. Apple lost the
On consecutive days two district courts faced the same question—does a patent infringement plaintiff who sued before establishing common ownership over a terminally disclaimed patent have standing?—but arrived at opposite answers. On July 25, 2019, the Eastern district of Pennsylvania held a case must be dismissed because such a plaintiff
Continuing its narrow application of Article III standing in inter partes review (“IPR”) appeals, the Federal Circuit recently held that General Electric Company (“GE”) lacked Article III standing to appeal the Final Written Decision of an IPR that it had instituted against United Technologies Corporation, determining that GE did not
Continuing its narrow application of Article III standing in inter partes review (“IPR”) appeals, the Federal Circuit recently held that General Electric Company (“GE”) lacked Article III standing to appeal the Final Written Decision of an IPR that it had instituted against United Technologies Corporation, determining that GE did not
In a victory for KAB Brands, the Federal Circuit affirmed the TTAB (the “Board”)’s refusal to register the applied-for mark, APOGÉE for perfumery.1 KAB Brands is the owner of two federally registered trademarks: APHOGEE and ApHOGEE used in connection with hair products. The trademark office refused to register Louis Vuitton’s
A Southern District of New York Judge denied a Motion for Preliminary Injunction filed by plaintiff NuCurrent Inc. against defendant Samsung, which sought to enforce a forum selection clause— contained in a mutual non-disclosure agreement (“NDA”) between the parties—to prohibit Samsung from initiating inter partes review (“IPR”) proceedings before the
On June 24, 2019, the Supreme Court held that the Lanham Act’s restriction against registration of immoral or scandalous trademarks, set forth in 15 U.S.C. § 1052(a), discriminated between speech based upon viewpoint in violation of the First Amendment. Iancu, Under Sec’y of Commerce for Intellectual Prop. & Dir., Patent
Although neither snow nor rain nor heat nor gloom of night prevents the United States Postal Service from the swift completion of its appointed rounds, the Supreme Court has prevented it from challenging patents. In Return Mail, Inc. v. United States Postal Service et al., 587 U. S. ____ (2019),
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