Determining Andy Warhol’s artistic works titled “The Prince Series” were not a fair use of photographer Lynn Goldsmith’s photograph of musical artist Prince, the Court of Appeals for the Second Circuit reversed the Southern District of New York’s grant of summary judgment. The Second Circuit further held “The Prince Series”
On appeal from the Patent Trial and Appeal Board (the “PTAB”), the Federal Circuit (the “CAFC”) held that the CAFC may not normally review the PTAB’s decision to deny institution in an inter partes review (“IPR”); but the CAFC may use its mandamus jurisdiction to review a decision to deny
In invalidating a claim as obvious on remand, the Patent Trial and Appeal Board (the “PTAB”) recently held that the PTAB bears the burden of persuasion regarding prior art raised sua sponte, despite precedent that the petitioner must bear the burden. Adidas petitioned for inter partes review (IPR) of Nike’s
The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a decision focusing on the doctrine of equitable intervening rights. Specifically, the CAFC affirmed that equitable intervening rights can apply even if a party has already recouped its investment in the infringing technology. John Bean Technologies Corporation (“John Bean”)
The Court of Appeals for the Federal Circuit (“CAFC”) affirmed a final judgment ruling that Infinity’s four patents—involving using a fax machine as a printer or scanner for a personal computer—are invalid as indefinite because the patent applicant had asserted conflicting definitions of the claim term “passive link” during prosecution
A Magistrate Judge for the Southern District of New York recently issued a Report and Recommendation (“R&R”) concluding that the color pattern of a traditional Rubik’s cube was not functional and thus entitled to trademark protection. Rubik’s Brand Limited (“RBL” or “Rubik’s”) sued Flambeau, Inc. (“Flambeau”) alleging infringement of RBL’s
Windy City Innovations, LLC (“Windy City”), assignee of U.S. Patent No. 8,458,245 (the “245 patent”) entitled “Real Time Communications System,” brought a patent infringement action against Facebook Inc. (“Facebook”) for alleged infringement of the ’245 patent. Facebook filed for summary judgment on grounds that the ’245 patent was invalid under
The United States Patent and Trademark Office (PTO) recently sought public input into the proper interpretation the article of manufacture requirement (AoM) for design patents under 35 U.S.C. 171 (including, specifically, whether it should protect digital designs that encompass new and emerging technologies, such as projected, holographic, virtual -reality and
You are likely familiar with Pocky, a popular stick-shaped biscuit cookie dipped in chocolate. Lotte, a South Korean conglomerate, makes its own version, called Pepero. On October 8, 2020, the Third Circuit affirmed the district court’s holding that the biscuit cookie product’s design was functional, and ineligible for trademark protection.
Ariix, a nutritional supplement company, brought action against NutriSearch, the publisher of the NutriSearch Comparative Guide to Nutritional Supplements (the “Guide”), which NutriSearch expressly claims is an evidence-based comparison of nutritional supplements without any particular bias. Not so said Ariix, NutriSearch’s Guide is merely a sophisticated marketing sham designed to
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