DC Court of Appeals find Section 230 CDA Immunity From Algorithm Use by Service Providers The Court of Appeals for the District of Columbia affirmed the lower court’s decision dismissing a complaint against Google, Microsoft, and Yahoo! (herein “Online Service … [Read more...] about Online Service Providers are Immune to Suit Under Section 230 of the CDA if They Use an Algorithm to Re-Publish Third Party Content
Copyright Registration is Required to File Infringement Suit
In Fourth Estate Public Benefit Corp. v. Wallstreet.com, LLC, et al. (March 4, 2019)(Copy of opinion available here), the Supreme Court decided a split of authority among the U.S. Courts of Appeals as to whether a copyright registration is needed to file a copyright infringement … [Read more...] about Copyright Registration is Required to File Infringement Suit
UBER Trademark Battle in Gainesville FL
A showdown of the UBER mark is taking shape in the land of orange and blue. See Uber Promotions, Inc. v Uber Technologies, Inc. (NDFL 15-cv-206). The District Court issued a narrow preliminary injunction. (Available Here) Plaintiff Uber Promotions, Inc. (“Promotions”) is a … [Read more...] about UBER Trademark Battle in Gainesville FL
Nike vs. Adidas in IPR Patent Dispute Appeal
In Nike, Inc. v. Adidas AG, 2014-1719 (Fed. Cir. Feb. 2016) (Available Here), the Federal Circuit found that the Board did not err by placing the burden on Nike, the patent owner, to establish patentability over the prior art of Nike’s proposed substitute claims. However, the … [Read more...] about Nike vs. Adidas in IPR Patent Dispute Appeal
Indefinite Patent Claim Language – A Fatal Flaw
The Patent Appeals Court (the Federal Circuit) reversed its previous decision that the subject patent claims were not indefinite, because there was an intervening change of law when the Supreme Court altered the standard for indefiniteness to require that the “claims, read in … [Read more...] about Indefinite Patent Claim Language – A Fatal Flaw
Consultant’s Rights to Invention Outside of Agreement
In TriReme Medical LLC v. Angioscore, Inc., 2015-1504 (Fed. Cir. 2016)(Available Here), the Federal Circuit remanded the case back to the District Court for a factual determination of whether the consultant’s (Dr. Lotan) continued work on the AngioSculpt device after the … [Read more...] about Consultant’s Rights to Invention Outside of Agreement
Printed Matter, Building Websites and Patents Need Functional Relationships
The Court of Appeals for the Federal Circuit, which handles patent appeals from the USPTO, has held that a database of digital art, applets and script is not “printed matter” because the patentee did not claim the communicative content and further confirmed that, to impact … [Read more...] about Printed Matter, Building Websites and Patents Need Functional Relationships
Disparagement of Prior Technology Limits Patent Claim Coverage
The appellate court which handles patent appeals from the U. S. District Court ruled that if a patentee disparages prior art in pre-existing technology, the patented invention in the claims does not cover such prior art. Openwave Systems Inc. v. Apple Inc., Case No. 2015-1108 … [Read more...] about Disparagement of Prior Technology Limits Patent Claim Coverage
A Single PTAB Panel May Institute IPR and Make Final Decision
In Ethicon Endo-Surgery, Inc. v. Covidien LP, 2014-1771 (Fed. Cir. 2016)(Available Here), the Federal Circuit held that neither the statute nor the Constitution precludes the same Patent Trial and Appeal Board (“PTAB” or “Board panel”) that makes a decision to institute an inter … [Read more...] about A Single PTAB Panel May Institute IPR and Make Final Decision
STOLI Vodka Trademark Dispute Gets Distilled
In a recent case out of the Second Circuit Court of Appeals a trademark dispute of the STOLINAYA mark was before the court again. This time the focus was on standing as it relates to a foreign government and its actions. The case is Fed. Treasury Enter. Sojuzplodoimport v. … [Read more...] about STOLI Vodka Trademark Dispute Gets Distilled
