Intellectual Property Constitutional Law

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NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

FTC v. Cephalon, Inc.

Nature of the Case and Issue(s) Presented: The issue in this case is not whether the validity of the ’516 patent should be litigated in the antitrust trial, but rather, how the court’s previous finding of invalidity and...more

Know the Patent Specification Before Filing a Motion to Amend

Veeam Software Corp. v. Symantec Corp. - Addressing issues of claim construction and the requirements for a motion to amend, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Board) ruled that the...more

Do-Gooders Need Not Apply

According to its mission statement, Consumer Watchdog is a non-profit entity “dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and...more

Dryer v. National Football League - USDC, D. Minn., October 10, 2014

Dryer v. National Football League - USDC, D. Minn., October 10, 2014: District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more

PTAB - Ford is not barred from challenging a patent on a hybrid vehicle based on the unproven assertion that it breached an...

In Ford Motor Company v. Paice LLC & The Abell Foundation, Inc., Ford filed a petition seeking inter partes review of U.S. Patent No. 8,214,097 relating to a hybrid vehicle having, among other things, both an internal...more

Federal Circuit Decision Highlights Risk of Co-owning Patents

Co-owning any piece of property can lead to unwanted and unexpected headaches. And as demonstrated by the Federal Circuit in STC.UNM v. Intel Corp., Fed. Cir. No. 2013-1241, this is especially true with respect to...more

States Have the Right to Protect Businesses Against NPEs

State of Vermont v. MPHJ Technology Investments, LLC; In re MPHJ Technology Investments, LLC - Addressing the issue of state efforts to reign in non-practicing entities, the U.S. Court of Appeals for the Federal...more

The Relaxed Standing Requirements For Institution Of Inter Partes Review

Generally, anyone except the owner of a patent can challenge the validity of that patent by petitioning the Patent Trial and Appeal Board (the “Board”) to institute an inter partes review (“IPR”). Certain exclusions apply to...more

Patent Infringement Complaint Dismissed for Lack of Standing Where Co-Inventor Had Not Assigned Rights to Plaintiff

Plaintiffs Alpha One Transporter, Inc. and American Heavy Moving and Rigging, Inc. (collectively "Alpha One") filed a complaint against Defendant and Third-Party Plaintiff Perkins Motor Transport, Inc. ("Perkins"). Perkins...more

Myriad Set for Another Round

On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test...more

IP Newsflash - September 2014 #4

Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue - On September 16, 2014, a Federal Circuit panel consisting of Circuit...more

Amici Weigh in on “Right to Register v. Right to Use” Trademark Case at Supreme Court

More than three months ago, we sounded the alarm about an important trademark case to consider the interplay between the right to register and the right to use a trademark:...more

What’s Happening with Patents at the USPTO? Chief of Staff Byrnes has Answers!

On September 16, 2014, United States Patent and Trademark Office Chief of Staff Andrew Byrnes presented to the Boston Patent Law Association an update on new quality initiatives and the implementation of White House patent...more

Are the Supreme Court’s exceptions to patentability mandated by the Constitution, or are they just “statutory stare decisis”?

There has been significant commentary, both before and after the Supreme Court’s decision in Alice, that the various judicially created exceptions to patentability under 35 USC § 101 are not only sound, but are also...more

Copyright Law Protects Course Syllabi From Disclosure Under Missouri Sunshine Law

Last month, the Missouri Court of Appeals, Western District, held that a public university was not required to turn over copies of certain course materials, including course syllabi, in response to a public records request....more

Federal Circuit Sidesteps Constitutionality of AIA First-to-File Provision

MadStad Eng’g, Inc. v. USPTO - The U.S. Court of Appeals for the Federal Circuit faced an issue of first impression when a named inventor on three patents challenged the first-inventor-to-file provision of the America...more

Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more

Ferring B.V. v. Watson Laboratories, Inc. (I) (Fed. Cir. 2014)

In the first of a pair of decisions issued last Friday, Ferring B.V. v. Watson Laboratories, Inc., the Federal Circuit affirmed a finding by the District Court that a generic company could moot ANDA litigation by amending its...more

Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act

The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more

Per Second Circuit: Full Text Searchable Database Is Fair Use

Authors Guild, Inc., et al. v. HathiTrust, et al. - The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more

Federal Circuit Smokes Cuban Entity on Standing Issue

Empresa Cubana Del Tabaco (d/b/a Cubatabaco) v. General Cigar Co., Inc. - The U. S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (the Board) decision, holding that a Cuban...more

Sham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?

Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may...more

Purdue Pharm. Products, L.P. v. Actavis Elizabeth, LLC (D.N.J.)

Plaintiffs hold an NDA covering tablets containing two strengths of zolpidem tartrate, which is used in the treatment of middle-of-the-night insomnia. In July 2013, TWi Pharms., Inc. (“TWi”) submitted an ANDA containing a...more

Plaintiff Lacks Standing to Enforce Patent When Co-Owner Refuses to Participate in Litigation

STC.UNM v. Intel Corp. - Addressing whether standing and joinder are matters dictated by substantive patent law or by Federal Rule of Civil Procedure 19(a), the U.S. Court of Appeals for the Federal Circuit affirmed a...more

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