Author: John Richards | Practices: , , | Tags: , , , , , , , , , , ,

American Axle v. Neapco

Introduction On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the principle that...

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Author: John Richards | Practices: , | Tags: , , , , , , ,

THRYV INC. v. CLICK-TO-CALL TECHNOLOGIES LP

The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post grant review, as opposed to...

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Author: Marisa Masters (L&P Intern) | Co-Author: Robert Peverada | Practices: , | Tags: , , ,

REMEMBERING TWO OF THE SPOOKIEST HALLOWEEN COPYRIGHT CASES

With Halloween 2020 approaching, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies. GALLAGHER v. LIONS GATE...

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Author: John Richards | Practices: , , | Tags: , , ,

FEDERAL TRADE COMMISSION v. QUALCOMM INCORPORATED

Introduction On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents (SEPs)...

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Author: John Richards | Practices: , , | Tags: , , , , , , , , , ,

Return Mail Inc. v. United States Postal Service

On June 20, 2019, the United States Supreme Court held that government entities could not be considered “persons” entitled to challenge patents owned by others before the Patent Trial and Appeal Board...

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Author: John Richards | Practices: , , | Tags: , , , , , , ,

DESIGN PATENT PROTECTION FOR REPLACEMENT PARTS

The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended in an uneasy...

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