On August 7, 2020, the D.C. Circuit remanded the Copyright Royalty Board’s (“CRB”) Final Determination setting royalty rates for certain rights to reproduce and distribute musical works. Though administrative agencies are generally given significant discretion by courts, the Court found that the CRB failed to provide notice of its adoption
On August 3, 2020, the Federal Circuit affirmed a determination that 10X Genomics had willfully infringed a patent owned by the University of Chicago and assigned to Bio-Rad Laboratories covering microfluidic test chip technology, rejecting 10X’s contentions that the plaintiffs’ doctrine of equivalents theory was barred by prosecution history estoppel
The United States District Court for the District of Arizona recently denied a motion for a preliminary injunction seeking to avoid compliance with an Arizona law requiring software providers to implement an application programming interface. The Court found the law was not preempted by the Copyright Act and did not
On July 24, 2020, in a splintered three-opinion decision,[1] the Federal Circuit held that due to Eleventh Amendment sovereign immunity, the University of Texas (“UT”) could not be involuntarily joined by its licensee, Gensetix, as a plaintiff to a patent infringement lawsuit. Despite prior case law finding that a patent
The International Trade Commission (“ITC”) issued an exclusion order prohibiting the importation of products infringing a patent that teaches a self-anchoring beverage container, used to prevent spills. Mayborn was not included in the original complaint to the ITC, and none of the defaulting respondents raised invalidity challenges. Mayborn appealed the
On July 6, the PTO’s Precedential Opinion Panel (“POP”) held that when examining proposed amended claims in AIA trials, PTAB panels may raise grounds for rejection sua sponte, but should do so only in rare circumstances and with adequate notice. In this, the fourth opinion issued by the POP, a
In a nonprecedential opinion, the Trademark Trial and Appeal Board (the “Board”) affirmed a decision refusing to register the trademark TRUMP TOO SMALL on the grounds that the mark consisted of President Trump’s name without his written consent. In doing so, the Board rejected arguments that the applicable Lanham Act
Last week, the Supreme Court held that the combination of a generic word and “.com” is not necessarily generic and may be eligible for federal trademark registration. A trademark allows consumers to distinguish the goods or services of one manufacturer from another’s and permits a trademark owner to protect its
Plaintiff Stephanie Sinclair brought suit against Defendant Mashable and its parent company, alleging copyright infringement when Mashable posted Sinclair’s photograph on its website without Sinclair’s authorization. The Court originally granted Defendants’ Motion to Dismiss, finding that the Defendants had a valid sublicense from Instagram to post the photograph. However, on
In a summary order, the Court of Appeals for the Second Circuit recently side-stepped a difficult question currently facing copyright law: whether the human body is a sufficiently tangible medium of expression to warrant copyright protection. Plaintiff Sammy Mourabit (“Mourabit”), a makeup artist, provided makeup services for a 2013
© 2021 Irwin IP LLC. All Rights Reserved. Disclaimer | Sitemap | Cookie Policy
Attorney Advertising. The material and information contained on these pages and on any pages linked from these pages are intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here. The acts of sending email to this website or viewing information from this website do not create an attorney-client relationship. The listing of verdicts, settlements, and other case results is not a guarantee or prediction of the outcome of any other claims.