Category Archive for "Newsletter"

Why novelty doesn’t make abstract ideas any less abstract

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.

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Just desserts? Why a computerized menu patent was found ineligible

The decision in Apple, Inc. v. Ameranth, Inc. probably wasn’t what the patent-holder ordered. Late last year, both the Patent Trial and Appeal Board (PTAB) and the Federal Circuit Court of Appeals (which hears all appeals in patent cases) reviewed Ameranth Inc.’s patents for a computerized restaurant menu system, ultimately sending Ameranth back to the kitchen.

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Ideas On Intellectual Property Law June/July 2017

Patterson Thuente IP is please to publish the June/July issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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How the disavowal exception trashed a patent infringement claim

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.

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Court shoots down trademark infringement defendant

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.

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Fair Use Doctrine: Comedy routine fails to get laughs from plaintiff – or court

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.

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Can you hear me? Court turns deaf ear to wireless radio patent-holder

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.

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Ideas On Intellectual Property Law April/May 2017

Patterson Thuente IP is please to publish the April/May issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Use of trademarks as hashtags on social media

The opportunity to label social media posts with hashtags are endless. But there is a tension between brandowners’ desire to get as many people as possible to see their posts and use their hashtag, and the traditional trademark laws. Trademark law surrounding social media is still full of gray areas, but this article can provide brandowners some guidance.

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Ideas On Intellectual Property Law February/March 2017

Patterson Thuente IP is please to publish the February/March issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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