Mistakes happen — but, thanks to a new ruling by the Eleventh Circuit Court of Appeals, mistakes in a copyright registration application don’t necessarily doom the resulting registration. According to a recent case, the registration will be upheld unless it contains material inaccuracies and the registrant intended to conceal relevant information from the Copyright Office.
Patentees have long struggled when trying to enforce method patents in “divided infringement” cases, where multiple parties carried out the required steps. The Federal Circuit Court of Appeals seems to have come to their rescue, though. The court, which hears all appeals in patent-related cases, recently made clear that it’s applying a looser standard when it comes to establishing direct infringement liability in divided infringement cases.
Conventional wisdom tells us that, in business disputes, mediation works best when it is voluntary. So why do judges regularly force litigants into mediation? Perhaps it’s because, in their experience, reality is quite different from the conventional wisdom. Namely, that mediation, whether voluntary or coerced, often helps litigants avoid unnecessary and costly litigation.
Patterson Thuente IP is pleased to present the June/July 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
What’s in a name? The answer to that question might determine whether a mark that includes someone’s surname is eligible for trademark registration. The Federal Circuit Court of Appeals has shed some light on when a mark with a surname is—and isn’t—registrable as a trademark.
In the Oil States decision handed down today, Justice Thomas authored the 7-2 majority decision affirming the constitutionality of IPR proceedings over challenges based on Article III separation of powers and the 7th Amendment Right to Trial by Jury. Depending upon which camp you are in, this will be seen as either generally favorable (petitioners) or generally unfavorable (patent owners).
You might think it would be easier to prove infringement of a patented system having multiple components. The more parts, the more opportunity to prove infringement. Not so. As one patentee learned the hard way, more parts means more to prove.
Thanks in part to the proliferation of websites over the past couple of decades, the use of stock photography is more widespread than ever. And the posting of photos online—as well as in print—has created a copyright infringement bonanza. But who has the right to enforce copyright claims involving use of stock photographs? The Ninth Circuit Court of Appeals recently tackled this question.
The Federal Circuit Court of Appeals, the court that hears all appeals of patent-related cases, continues to engage in abstract thinking — thinking about the patent-eligibility of abstract ideas, that is. In the wake of Alice Corp. v. CLS Bank Int’l, the Federal Circuit has repeatedly reviewed whether patents are invalid because they covered patent-ineligible inventions. In this case, for example, the plaintiff ended up having four patents wiped out as invalid on this basis.
Patterson Thuente IP is pleased to present the April/May 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.