The Federal Circuit affirmed a decision finding that patents directed to virtual slot machines were invalid as improper means-plus-function claims and as being directed to an abstract idea. Failure to disclose an algorithm performing the function recited in means-plus-function claim limitations can not only fail the requirement to disclose…
Publications
Irwin IP Publications is the go-to resource for the latest updates and insights in the world of intellectual property. Over 250 articles are published on cases addressing unique issues, all of which can be found using the search tool below. Additionally, there is a collection of articles/papers and presentations that cover a wide range of topics. Whether you’re a legal professional, business owner, or simply someone passionate about IP, our publications page will provide you with all the knowledge needed to navigate this dynamic field.
The Supreme Court handed down a judgment resolving an ongoing circuit split and issued a rare black- letter rule, both relieving the uncertainty of the “copyright registration question” and sounding a death knell for those representing plaintiffs in copyright infringement cases based upon unregistered works.1 In an opinion written…
On February 26, 2019, the United States District Court for the Northern District of Illinois entered judgment in favor of GC2 Incorporated (“GC2”), an Illinois developer of wagering games and associated artwork, in the amount of over $16 million against a number of wholly owned subsidiaries of International Game…
The Federal Circuit vacated decisions of the Patent Trial and Appeal Board (the “Board”) regarding four patents directed to a graphical user interface (“GUI”) on the basis that the patents are for “technological inventions” and thus not subject to covered business method (“CBM”) review. According to the Leahy-Smith America…
On February 5, 2019, the Federal Circuit denied a petition for rehearing en banc regarding a requested writ of mandamus by petitioner Google, Inc. Google sought the petition to overturn an earlier decision from the Eastern District of Texas finding that physical servers, belonging to Google, that were installed…
A simple and easy way to hook online consumers is by acquiring a domain name that spells out exactly what that consumer is looking for—i.e., you search “hotels” and the one of the top unpaid search results will be “hotels.com.” However, pursuing this strategy generates risk for a company’s…
On January 22, 2019, the Supreme Court held that an offer for sale or sale of a product embodying an invention is prior art and triggers the on-sale bar against receiving a patent under 35 U.S.C. § 102 (post- America Invents Act) even if the offer or sale did…
The Federal Circuit recently affirmed, without opinion, a decision of the Patent Trial and Appeal Board (the “Board”) that found substitute claims submitted in a contingent motion to amend to be patentable. This case is important because it is one of the few instances in which the Board has…
On January 7, 2019, the United States Patent and Trademark Office (USPTO) published proposed guidance to assist its patent examiners and stakeholders in evaluating proposed claims in light of the Mayo/Alice line of cases and subsequent treatment by the Federal Circuit Court of Appeals. Until now, when evaluating patent-subject-matter…
Just as Jason terminated the counselors at Camp Crystal Lake in the summer of ‘79, screenwriter Victor Miller validly terminated production company Horror Inc.’s rights to the copyright in the screenplay for “Friday the 13th.” In a recent decision1, the U.S. District Court for District of Connecticut found that…
On December 10, 2018, the United States District Court for the Southern District of Texas held that sovereign immunity under the 11th Amendment prevented the Court from compelling joinder of a patent licensor, the University of Texas (“UT”), as an involuntary plaintiff to a patent infringement lawsuit brought by…
A patent assertion entity’s sending of a demand letter into a district is sufficient to give rise to personal jurisdiction over that entity. This case is important because the Federal Circuit clarified that demand letters may give rise to personal jurisdiction in the patent context and that a PAE…
On November 26, 2018, the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board (TTAB) approving the applied-for trademark “Schlafly” of a craft beer brewery that is the surname of the brewery’s founder, Thomas Schlafly. Separate oppositions to the applied-for mark had been brought by two…
A $5M jury award in a trademark infringement case is uncommon enough. But what if the finder of fact found no damages or lost profits from the trademark and trade dress infringement, yet still awarded $5M in punitive damages to the plaintiff? In a recent case instituted by Monster…
The Queen of Hearts has been foiled, another software patent has dodged the sword, and in the process the Federal Circuit has penned another stroke on the sparse but developing map of Wonderland. As 2018 drew to a close, the Federal Circuit held that a patent directed towards improving…
The Federal Circuit held that an inventor could challenge his or her own patent via an inter partes review (“IPR”) based on the plain language of the statute authorizing IPRs. Arista Networks, Inc. (“Arista”) filed a petition for IPR of certain claims of U.S. Patent No. 7,340,597 (“the ’597…
On October 11, 2018, the United States Patent and Trademark Office (“PTO”) published a final rule entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” (Dkt. No. PTO-P-2018-0036) relating to the patent review mechanisms introduced as part of…
Covers matters such as the creation, publication, and licensing of poetry and other issues frequently faced by poets such as authorship, privacy rights, and agency/publication agreements….
Presentation designed to help LCA volunteers gain a working knowledge of specialized area of arts law required to represent the LCA Music Client and to provide information and analysis of the common issues faced during band formation….
Examines the four safe harbors created by the Digital Millennium Copyright Act, as well as certain landmark cases construing the extent of protection afforded by those safe harbors….