Legal News

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)

November 13th, 2019

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



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



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 […]

Statements Made During Patent Prosecution Held to Limit a Coined Term of Degree Despite No Clear Disavowal of Claim Scope by the Patentee



SUMMARY:  Acknowledging a lack of clear disavowal of claim scope, the U.S. Court of Appeals for the Federal Circuit nevertheless recently upheld the U.S. District Court for the Eastern District of Texas’ claim construction limiting the scope of the phrase “high quality of service connection.” Iridescent Networks, Inc. v. AT&T Mobility, LLC, No. 2018-1449, 2019 […]