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FEDERAL CIRCUIT UPHOLDS PRELIMINARY INJUNCTION IN TRADE DRESS CASE
In SoClean Inc v Sunset Healthcare Solutions Inc (Case No 21-2311, 9 November 2022), the US Court of Appeals for the Federal Circuit issued a ruling enjoining defendant Sunset from marketing a particular configuration of medical device filters...
Read ArticleCease and Desist Letters Need to Balance Effectiveness While Considering Consequences
Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to achieve...
Read ArticleAmerican 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...
Read ArticleREMEMBERING 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...
Read ArticleDESIGN 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...
Read ArticleTHE MUSIC MODERNIZATION ACT: A PRIMER FOR COPYRIGHT HOLDERS
On October 11, 2018, the Music Modernization Act (MMA) was signed into law resulting in one of the most significant legislative changes to the copyright law in the United States in the last 50 years. The bipartisan legislation, which was written by...
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