Legal News

Federal Circuit Addresses Requirements for Printed Publication in M & K Holdings, Inc. v. Samsung Electronics Co., No. 2020-1160 (Fed. Cir. Feb. 1, 2021).

February 5th, 2021

USPTO Report Traces the Rapid Diffusion of Artificial Intelligence Technologies across U.S. Patent Filings

December 17th, 2020

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



Summary: A recent Federal Circuit decision held that a multi-color mark applied to product packaging can be inherently distinctive as trade dress and, therefore, registrable under the Lanham Act without proof of secondary meaning.  Whether a particular trade dress is inherently distinctive requires an analysis of the Seabrook factors to determine whether, considering the overall […]

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



SUMMARY:  A recent Supreme Court decision affirmed the Fourth Circuit’s holding that states are immune from copyright infringement lawsuits under sovereign immunity, invalidating an earlier statute that purported to abrogate state sovereign immunity from copyright infringement.  However, the Court left open the possibility that a more tailored statute could be promulgated to address copyright infringement […]

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)



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 […]