On appeal from the Patent Trial and Appeal Board (“the PTAB”) and the Federal Circuit (“the CAFC”), the Supreme Court (“the Court”) held that unreviewable Administrative Patent Judge (“APJ”) rulings are inconsistent with the Appointments Clause of the Constitution and, thus, rendered unenforceable any statutory restrictions preventing the Director…
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.
On June 11, 2021, The Court of Appeals for the Federal Circuit (the “CAFC”) upheld the Northern District of California’s grant of Apple’s and Samsung’s (collectively, the “Defendants”) Rule 12(b)(6) motion to dismiss Yanbin Yu and Zhongxuan Zhang’s (collectively, the “Patent Owners”) patent infringement action. The patent in…
No luck this week for food-related marks. The United States District Court for the Western District of North Carolina (“District Court”) and the Trademark Trial and Appeal Board (“TTAB”) each refused registration of marks “COOKINPELLETS.COM” and “PRETZEL CRISPS,” respectively. Each proceeding considered the “primary significance” of the mark to…
Before the court, in this case concerning design patent infringement, was a motion in limine to preclude Defendants’ witnesses from testifying about expense deductions from net profits that are not tied specifically to the sales of the products at issue. In its decision, the court denied the motion, stating…
The Court of Appeals for the Federal Circuit (“CAFC”) held unpatentable under 35 U.S.C. § 101 a Stanford University patent application (Application No. 13/445,925) (“the ’925 Application”) covering improvements to a method for analyzing genetic data because its innovation was to a mathematical algorithm rather than of a technological…
The Court of Appeals for the Federal Circuit (CAFC) recently clarified that communications sent into a forum from without—threatening suit, or proposing settlement or licenses—can be sufficient to establish personal jurisdiction. In Trimble Inc. v. PerDiemCo LLC, the CAFC reversed the Northern District of California’s (N.D. Cal.) dismissal of…
On remand from the Federal Circuit (the “CAFC”), the Eastern District of Texas (“the district court”) granted-in-part Network-1 Technologies, Inc.’s (“Network”) Motion for Judgment as a Matter of Law (“JMOL”) or New Trial because Hewlett-Packard Company, Hewlett Packard Enterprise Company (jointly “HP”) could not corroborate the testimony of the…
The Court of Appeals for the Federal Circuit (“CAFC”) affirmed the U.S. International Trade Commission (“ITC”)’s finding that Bio-Rad Laboratories, Inc. (“Bio-Rad”) infringed three patents owned by 10X Genomics (“10X”) covering microfluid systems and components used for gene sequencing and violated Section 337 of the Tariff Act of 1930,…
The Trademark Trial and Appeal Board (“TTAB”) recently dismissed musician Charles Bertini’s opposition to Apple Inc.’s Trademark Application for “APPLE MUSIC.” Bertini, applicant of the word mark “APPLE JAZZ,” opposed on the grounds that his mark held priority and there was a likelihood of confusion between “APPLE JAZZ” and…
Before the court in this case was a motion to compel the production of documents related to convoyed (or derivative) sales in a patent infringement action. In its decision, the court determined that Plaintiff’s requests regarding third-party convoyed sales were relevant and the information was discoverable. Plaintiff Genuine Enabling…
Examines the impact that major types of intellectual property law have on the Toy and Games Industry; explores examples of particularly influential disputes; and provides useful tips for practitioners, entrepreneurs, and companies that work in the space….
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…
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…
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…
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…
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…
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…
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…
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…
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…