Patterson Thuente News


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Top 10 Copyright Rulings of 2016

Top 10 Copyright Rulings of 2016 Every year, Law 360 publishes their Top 10 copyright cases from the past year. Music, film, art and entertainment are often involved in copyright cases, which is why they can gain media attention both locally and nationally.

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The Top 10 Trademark Rulings of 2016

Trademark rulings often miss the front headlines of the news outlets every year, but little do people know, these decisions often affect their everyday lives more than some of the cases that receive national attention.

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Former IPLM Group Founder Joins Patterson Thuente

David Cleveland, a patent attorney with decades of experience as patent counsel for corporations and in private practice, has joined Patterson Thuente IP’s growing team of intellectual property lawyers.

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Single factor preempts likelihood of trademark confusion claim

When a trademark or potential trademark is challenged, courts and the Trademark Trial and Appeal Board (TTAB) generally turn to the so-called DuPont factors to determine whether a likelihood of confusion exists between two marks. Courts don’t necessarily consider all 13 factors and, in fact, a single factor can settle the matter. This was the case in Oakville Hills Cellar, Inc. v. Georgallis Holdings, decided by the Federal Circuit Court of Appeals.

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Intent to infringe

Verdict goes against medical device maker When the U.S. Supreme Court agreed that an appellate court’s infringement ruling should be reconsidered, it probably seemed like good news to the medical device maker that had been found liable in the initial ruling. Alas, the new ruling that followed reconsideration also went against the company. The Federal Circuit Court of Appeals found the position in the company’s defense “objectively unreasonable.”

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Music to Internet service providers’ ears

Appellate court extends EMCA safe harbor The Second Circuit Court of Appeals recently ruled on the hotly debated issue of whether the Digital Millennium Copyright Act’s (DMCA’s) safe harbor provision applies to sound recordings created before 1972. That’s when Congress first extended copyright protections to such recordings. With Capitol Records, LLC v. Vimeo, LLC, the Second Circuit is the first federal appellate court to tackle the question, and its opinion no doubt brought a huge sigh of relief from Internet service providers.

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When is a sale not a sale?

Federal Circuit narrow on-sale bar to patents The full panel of the Federal Circuit Court of Appeals, which hears all patent-related appeals, has delivered a ruling in The Medicines Co. v. Hospira, Inc. that’s sure to be welcomed by patent holders. In a unanimous decision, the court provided guidance on what constitutes a sale for purposes of the on-sale bar to patent validity.

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Ideas On Intellectual Property Law Year End 2016

Patterson Thuente IP is pleased to present the Year End 2016 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas about ways you can protect your intellectual property. 

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Attorney At Law Magazine Profiles Our Litigation Team

“These avant-garde legal thinkers are masters at unmasking the humanity that underlies innovation. They foster intimate relationships with the people they serve, and they are passionate believers in the necessity of invention.” Read more about our champions of innovation!

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Patent Office Update

A message from Michelle K. Lee–the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

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