Insights

Federal Circuit: Body Wei…

Federal Circuit: Body Weight Limitations Are Obvious

The Federal Circuit has affirmed a district court’s summary judgment ruling in favor of the US Patent and Trademark Office (USPTO) following a civil action by ImmunoGen seeking to obtain a patent after an unsuccessful ex parte appeal of a patent ap… Read More
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Categories: Patents
Federal Circuit Says ITC…

Federal Circuit Says ITC Ruling is Too Narrow

The Federal Circuit has overturned a decision by the International Trade Commission (ITC or Commission) on a polycrystalline diamond compound owned by US Synthetic. The case is US Synthetic Corp. v. International Trade Commission. US Synthetic Corp.… Read More
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Categories: Patents
Federal Circuit Affirms P…

Federal Circuit Affirms PTAB Despite Erroneous Claim Construction

The Federal Circuit has found that the Patent Trial and Appeal Board (PTAB or Board) construed patent claims erroneously but that the error was harmless. HD Silicon Solutions LLC (“HDSS”) appealed from a decision of the PTAB holding claims 1–7… Read More
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Categories: Patents, Technology
Mariah Carey Wins “Chri…

Mariah Carey Wins “Christmas” Present, as Miley Cyrus Faces Mars Attack

As Variety notes, Some of the most high-profile copyright infringement cases happen in the music industry, where the accusation of plagiarism is as nebulous as a concept can get. It happens sometimes by accident — an “unconscious borrowing” —… Read More
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Categories: Copyright
4th Circuit Vacates “Mo…

4th Circuit Vacates “Moke” Trademark Ruling

The Fourth Circuit has vacated and remanded an opinion by a lower court finding that the term “MOKE” is a generic term for the style of vehicles sold by both of the parties to the dispute. The case is Moke America LLC v. Moke International Ltd. A… Read More
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Categories: Trademarks
Senators Re-Introduce RES…

Senators Re-Introduce RESTORE Patent Rights Act

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) have reintroduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act. The Act, first introduced in July of 2024, would restore the rebu… Read More
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Categories: Patents
Using AI for USPTO Prior…

Using AI for USPTO Prior Art Searches, and IP in the ‘Big Beautiful Bill’

Senators Thom Tillis (R-NC) and Adam Schiff (D-CA), respectively the Chairman and Ranking Member of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property, have written to Coke Morgan Stewart, Acting Director of the US Patent… Read More
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Architect of EU Copyright…

Architect of EU Copyright Law Says AI “Loophole” is “Irresponsible”

The Guardian has reported that Axel Voss, a German center-right member of the European parliament, who played a key role in writing the EU’s 2019 copyright directive, claims that EU copyright law wasn’t designed to deal with generative AI (GAI) m… Read More
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Federal Circuit Affirms P…

Federal Circuit Affirms Patent Board Decision for Intel

In a non-precedential decision, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (PTAB or Board) that certain claims of Qualcomm’s U.S. Patent No. 8,838,949 (titled “Direct Scatter Loading of Executable Software Im… Read More
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Categories: Patents
Ninth Circuit: Sales of E…

Ninth Circuit: Sales of Equity Can’t Constitute Trademark Infringement

The Ninth Circuit has affirmed a ruling that the advertisement and sale of equity in a company cannot constitute trademark infringement. The case is LegalForce RAPC Worldwide, P.C. v. LegalForce Inc. LegalForce RAPC Worldwide, P.C. (“LegalForce USA… Read More
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Categories: Trademarks