Litigation

30 Jun: The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks

The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods or services only if the term has that meaning to consumers.” The opinion was delivered by Justice Ginsburg and joined…

30 Jun: Eighth Circuit Finds ‘Hot Pocket’ Patents Were Not Fraudulently Obtained

On June 18, the U.S. Court of Appeals for the Eighth Circuit (the circuit court) affirmed the district court’s grant of summary judgment in Inline Packaging, LLC v. Graphic Packaging International, LLC, holding that the district court properly conclude…

29 Jun: Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious

On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in Shoes By Firebug LLC v. Stride Rite Chi…

27 Jun: Illegal Circulation of E-Newspapers Online and Through Messaging Apps: Implications for Copyright and Contractual Violations

On March 25, 2020, the Indian government declared lockdown throughout the country, and we could not have anticipated the number of issues across all sectors that would surface in such a short time. Copyright infringement through social media turned out…

26 Jun: Federal Circuit Affirms PTAB Finding that Adidas Did Not Prove Nike Patent Claims Unpatentable as Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday affirmed a Patent Trial and Appeal Board (PTAB) decision that certain claims of Nike, Inc.’s U.S. Patent Nos. 7,814,598 and 8,266,749 are not unpatentable as obvious. The Court also dis…

17 Jun: D.C. Court of Appeals Finds No Proximate Cause in Patent Attorney Malpractice Case

On June 12, the U.S. Court of Appeals for the District of Columbia affirmed a decision of the U.S. District Court for the District of Columbia in Seed Co. Ltd. v. Westerman, Hattori, Daniels & Adrian, LLP in a legal malpractice case resulting from…

14 Jun: Has China Finally Embraced Robust Trade Secret Protection?

It happened to Japan in the 1950s. Then it happened to Taiwan, and then Korea. Rapidly-developing countries started out relying on copying foreign technologies to drive their economies. But as growth increased and investments in education led the way t…

12 Mar: Chrimar Asks Supreme Court to Decide Whether PTAB Can Reverse Final Article III Judgments

Earlier this week, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to take up a case on appeal from the U.S. Court of Appeals for the Federal Circuit. Chrimar is asking the nation’s highest court to answer the questi…

01 Mar: The Fragile Nature of Trade Secrets: Clues from the Courts on How to Keep Them

Trade secrets have become an increasingly valuable asset to many companies, but compared to other types of intellectual property, including patents, copyrights and trademarks, they are extremely “fragile,” and require that an owner undertake as many st…