Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least for now). More specifically, a divided panel of the Federal Circuit issued an opinion affirming the Northern District of California’s grant of summary judgment to
Blog Authors
Latest from IP IQ
Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures protection for “original works of authorship fixed in any tangible medium of expression” (17 U.S.C. § 102(a)). This broad definition…
Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?
The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no substantive change in this modified version of the prior opinion where the majority held that the Trademark Trial and Appeal Board lacked the…
In His Trademark Era: Will Travis Kelce be Successful in Filing a Trademark Application to Protect His Name?
Is Travis Kelce’s newfound status as Taylor Swift’s boyfriend enough to meet the United States Patent and Trademark Office’s (USPTO) “acquired distinctiveness” standard? He plans to find out with the help of Time Person of the Year, Taylor Swift. Swift is no stranger to using intellectual property to effectively protect her brand and music. In…
What’s in a Name? Too Much to Trademark According to the USPTO
With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First Amendment. Specifically, the Court will determine whether Section 1052(c) of the Lanham Act, which prohibits individuals from…
Some Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous Art
In Corephotonics, Ltd. v. Apple Inc., the Federal Circuit partially signed off on Apple’s win before the Patent Trial and Appeal Board (PTAB) invalidating a number of patents owned by Corephotonics relating to dual-aperture cameras and methods of using the images from both lenses when zooming while capturing video to prevent “jumping” (U.S. Patent…
Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed
On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). As detailed in the opinion, the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on…
More Antibody Claims Falling Under Post-Amgen Scrutiny
With only two precedential IP decisions coming down from the Federal Circuit in the second half of September, pickings were a little slim for blogging. That said, the opinion in Baxalta v. Genentech (2022-1461) — drafted by Chief Judge Kimberly Moore and joined by Judges Raymond Clevenger and Raymond Chen — is an…
Artificial Intelligence in the Modern Workplace: A Multi-Part Series Highlighting Concerns and Implications of Using Artificial Intelligence Within a Company
As artificial intelligence (AI) grows in prevalence and accessibility, it is important for employers to consider the implications of its use by their employees. One method of anticipating and quelling potential liabilities that may arise is through deploying certain internal AI policies. This article focuses on certain issues employers should strongly consider when drafting and…
From Punchlines to Plaintiffs: Meta Platforms and Open AI File Motions to Dismiss Comedian Sarah Silverman’s Copyright Infringement Case
Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement. These lawsuits highlight the potential legal consequences industry leading AI technologies will begin to face as these technologies…