Fashion and apparel have long existed in a cloud of copyright confusion. Clothing often incorporates design elements, which may be protectable, and functional elements, which aren’t. The U.S. Supreme Court has now established a two-part test intended to resolve “widespread disagreement” regarding copyright protection for such “industrial designs.”
Manufacturers that let their distributors use their unregistered trademarks may later find themselves in a fight over the marks’ ownership. This article highlights how one federal court of appeals recently addressed such ownership disputes and adopted a different test for determining ownership of common law trademarks where there is no agreement addressing the issue.
The dust has settled on the Supreme Court’s May 2017 TC Heartland decision that a domestic corporation “resides” only in the state of incorporation under the patent venue statute—28 U.S.C. § 1400(b). Yet despite this clarity, a new issue has emerged: If a defendant failed to raise the defense of improper venue in district court because it was not available before TC Heartland, did they inadvertently waive it?
Patterson Thuente IP is pleased to present the October/November 2017 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
Business method patents on software have had a tough time in the courts in recent years. But a recent ruling may now provide some hope for patent holders. The Federal Circuit Court of Appeals’ decision in Trading Technologies Int’l, Inc. v. CQG, Inc. marks a rare example of the court finding software to be patent-eligible. The ruling provides valuable guidance on just what it takes for these patents to withstand judicial scrutiny.
When the inventors of a new design process admitted that they had mentally performed the patented steps themselves, the Federal Circuit Court of Appeals took them at their word. The patent holders in Synopsys, Inc. v. Mentor Graphics Corp. ultimately failed the two-step abstract ideas test.
Courts in infringement cases construe terms in patent claims by their plain and ordinary meaning — usually. As the patentee in Poly-America, L.P. v. API Industries, Inc., learned the hard way, the Federal Circuit doesn’t take that approach when the disavowal of claim scope applies.
Two firearms manufacturers came out shooting when a dispute arose over which one had the right to use the mark “SCAR” for guns and related items. The case, FN Herstal SA v. Clyde Armory Inc., raised the common trademark issue of priority of use, as well as the less-common unlawful use doctrine.
Imitation is the sincerest form of flattery — or so the saying goes. However, when it comes to copyrighted material, imitation can also be unlawful infringement if use of the work isn’t deemed a “fair use.” What constitutes fair use was central to a recent Second Circuit Court of Appeals case involving the incorporation of an iconic comedy routine into a Broadway play.
Cases regarding the patent eligibility of abstract ideas continue to pile up at the Federal Circuit, which hears all patent-related appeals. In its recent ruling in Affinity Labs of Texas, LLC, v. DIRECTV LLC, the court found that two patented inventions failed both parts of the patent eligibility test.