Legal News

USPTO Reports on Public Views of Artificial Intelligence and Intellectual Property Policy

November 5th, 2020

Multi-Color Product Packaging may be Inherently Distinctive and Registrable as a Trademark

April 23rd, 2020

States are Immune from Copyright Infringement Suits Because Congress did not Validly Abrogate State Sovereign Immunity

April 2nd, 2020

A Defendant in a Patent Infringement Suit Dismissed for Mootness Based on IPR Success is a “Prevailing Party” Entitled to Costs Under Federal Rule of Civil Procedure 54(d)

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November
2019

Summary: In B.E. Technology, L.L.C. vs. Facebook, Inc., No. 2018-2356 (Fed. Cir. October 9, 2019) [hereinafter “B.E. Tech”], the Federal Circuit ruled that a defendant in a patent infringement lawsuit dismissed for mootness due to the claims-at-suit being found unpatentable in a concurrent inter partes review is a “prevailing party” entitled to costs under Federal […]

Patent Law Issues Embedded In State Law Claims May Not Create Federal Jurisdiction

4

November
2019

SUMMARY: In Inspired Dev. Grp. v. Inspired Prods. Grp., No. 2018-1616, 2019 U.S. App. LEXIS 27989 (Fed. Cir. Sep. 18, 2019), the United States Court of Appeals for the Federal Circuit explained that claims related to patent license agreements are not necessarily viable in federal court.  Although federal courts generally have exclusive jurisdiction over patent […]

State Sovereignty Cannot Be Used as a Sword to Overcome Federal Venue Rules for Patent Infringement Suits When the State is Solely a Plaintiff in the Case

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September
2019

In July of 2018, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that tribal sovereign immunity does not apply in inter partes review (IPR) proceedings. Saint Regis Mohawk Tribe v. Mylan Pharm., Inc., 896 F.3d 1322, 1329 (Fed. Cir. 2018). But they left “for another day the question of whether there […]