In the case of In Re: SINY Corp., 2018-1077 (Fed. Cir. 2019) (full opinion available here), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s decision that a Webpage Specimen must do more than merely advertise to be an acceptable display associated with the … [Read more...] about Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
Even if the patent specification discloses a single embodiment, the features or functions of that embodiment should not be read into the claims by a court’s claim construction because the purpose of the specification is to teach and enable those of skill in the art to make and … [Read more...] about A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
FTC Complaint Seeks $12M for Fake Paid Reviews on Amazon Plus Misrepresentations
The Federal Trade Commission (FTC) filed a complaint seeking a $12.8M against Cure Encapsulations, Inc. (“Cure”) and others because (a) Cure paid a third-party website to write and post fake reviews on Amazon.com for its product and (b) Cure made false and unsubstantiated claims … [Read more...] about FTC Complaint Seeks $12M for Fake Paid Reviews on Amazon Plus Misrepresentations
Computer Pricing Algorithms OK Unless You Coordinate with Competitor
The U.S. Department of Justice accepted a plead bargain from an e-commerce executive who coordinated prices of posters sold on Amazon with several competitors using a software pricing algorithm or computer program. See DOJ Press Release “Former E-Commerce Executive Pleads Guilty … [Read more...] about Computer Pricing Algorithms OK Unless You Coordinate with Competitor
Copyright Office Caps Unpublished Visual Art Work Applications to Ten
As of March 15, 2019, the U.S. Copyright Office will no longer permit applicant/claimants to file copyright applications having more that ten (10) unpublished works of visual art. This “no more than 10" rule applies to unpublished Visual Art works of: Advertisements (visual / … [Read more...] about Copyright Office Caps Unpublished Visual Art Work Applications to Ten
Supreme Courts holds AIA does not alter meaning of on-sale bar
The U.S. Supreme Court held the America Invents Act (AIA) did not alter the meaning of the on-sale bar. The reenactment of the phrase “on sale” in the AIA did not alter the original meaning. A commercial sale to a third person who is required to keep the invention confidential … [Read more...] about Supreme Courts holds AIA does not alter meaning of on-sale bar
Self-evolving Generic Database Index Using Historical Usage Information Not Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit upheld a district court decision finding that certain patent claims were not patent-eligible under 35 U.S.C. § 101 and Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355 (2014). The patent related to a “self-evolving generic index” … [Read more...] about Self-evolving Generic Database Index Using Historical Usage Information Not Patent Eligible Subject Matter
Indefinite Designs are Definite When Persons Skilled in the Art Discern Scope with Reasonable Certainty
The Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“Board”) rejection of Maatia’s design of an athletic shoe bottom. The Federal Circuit said “the level of detail required should be a function of whether the claimed design for the article … [Read more...] about Indefinite Designs are Definite When Persons Skilled in the Art Discern Scope with Reasonable Certainty
Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit reversed a district court decision and found that certain patent claims were directed to patent-eligible subject matter. “The[] claims are not abstract, but rather are directed to a specific improved method for navigating through … [Read more...] about Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
The Court of Appeals for the Federal Circuit reversed a finding by the Patent Trial and Appeals Board (“Board”), holding that the evidence supported a finding that petitioner-challenger Gopro’s catalog was publicly distributed at a trade show prior to the critical date of the … [Read more...] about Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
