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…
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.
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…
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…
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…
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…
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…
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…
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…
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.,…
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. ____…
The Supreme Court’s decision in Alice has alternately been wielded as a sword and a shield, but, with alarming frequency, the end result of an Alice challenge is a holding that the patent at issue is invalid. In fact, over half of patents challenged by Alice have been held…
To native Chicagoans, the Super Bowl Shuffle is revered as the hype song for the 1985 Chicago Bears who went on to win Super Bowl XX. But to the Plaintiffs in Red Label Music Publishing Inc., et al., v. Chila Productions, et al.,1 the Super Bowl Shuffle is their…
On May 22, 2019, a divided panel of the Federal Circuit Court of Appeals demonstrated the true meaning of de novo review, vacating a Final Written Decision (the “Decision”) issued upon Inter Partes Review by the Patent Trial and Appeal Board (the “Board”) invalidating certain claims of U.S. Patent…
On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology LLC, n/k/a Old Cold LLC, the Supreme Court settled a circuit split between the Seventh and First Circuits regarding what happens to a trademark licensee’s rights under a trademark license after that license is rejected by the licensor…
The Patent Trial and Appeal Board (“Board”) recently designated as precedential an opinion denying the institution of petitions for inter partes review (“IPR”) on the grounds that the petitions were serial and repetitive attacks in light of an earlier-filed petition brought by another party. This case makes clear that…
In a recent cautionary tale, the Fourth Circuit in Brammer v. Violent Hues Productions, LLC1 held that a showing of good faith by an accused copyright infringer does not weigh in favor of finding fair use. In doing so, the Fourth Circuit reversed the district court’s decision, which held…
Trying to deal with infringing goods on the internet has been a problem as long as the internet has been around and can be frustrating for patentees. Typically, the circumstances of online marketplaces have required patentees to file direct infringement suits against potential infringers, and only after a court…
On request from the USPTO pursuant to Fed. Cir. R. 32.1(e), the Federal Circuit reissued a precedential version of a non-precedential opinion affirming the refusal to register a trademark because the specimen was not a point of sale display. This case makes clear that when relying upon a webpage…
On April 1, 2019, the Court of Appeals for the Federal Circuit, in a nonprecedential decision Cleveland Clinic Foundation v. True Health Diagnostics, affirmed the invalidity of two patents regarding medical diagnostic tests for determining whether a patient was at risk for cardiovascular disease. This follows a previous 2017…
This week, in Kroma Makeup EU, LLC v. Boldface Licensing & Branding, Inc., the Eleventh Circuit held that a Plaintiff trademark licensee lacked standing to enforce a trademark, even though the licensee had been granted an exclusive license to import, sell, and distribute products branded with the mark in…