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.
The fair use defense can prove to be the bane of a trademark holder’s infringement claim. The good news for trademark holders, though, is that the defense is difficult to establish before trial, giving them the opportunity to prove their cases to juries. That’s what happened in one recent case.
Inventors in the pursuit of “personalized medicine” patents were likely discouraged by the Federal Circuit Court of Appeals’ ruling in The Cleveland Clinic Foundation v. True Health Diagnostics LLC, which involved a diagnostic method. The court’s ruling highlights the difficulty of obtaining patents for such methods.
A patent applicant’s first round of appeals is to the Patent Trial and Appeal Board (PTAB). But if a patent applicant receives a negative ruling from the PTAB, it isn’t necessarily the end of the road. The Federal Circuit Court of Appeals made that clear in a case where it faulted the Board for failing to adequately lay out just whyan invention was obvious and therefore unpatentable.
If you thought the most competitive designers around are found on reality shows, think again. A recent case decided by the Seventh Circuit Court of Appeals illustrates that the claws can come out in the world of affordable home design, too. And, as the plaintiff learned, copyright law provides only limited protection.
Patterson Thuente IP has named patent attorney Christian Girtz as a partner in the firm. An experienced intellectual property attorney, Christian counsels clients on best practices for developing strong patents and valuable IP assets domestically and internationally.
Patterson Thuente IP is pleased to present the February/March 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.