SWIPLit

Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

By: Zach Schroeder and Courtney Moore* The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces. The […]

| 3 min read
ZS

Federal Circuit Holds Patent Owners Bear IPR Estoppel Burden of Proof

The Federal Circuit recently held, for the first time, that patent owners bear the burden of proof for an Inter Partes Review (“IPR”) Estoppel affirmative defense that an alleged infringer failed to include prior art in a previous IPR. In overturning the district court, the Federal Circuit held that a patent owner must prove, by […]

| 4 min read | Tagged: , , ,
ZS

TTAB Mulls Whether Mavericks Star Luka Doncic Can Revoke Trademark Consent After Issuance of a Mark

By: Zach Schroeder and David Barker To obtain a trademark containing or consisting of a living individual’s name, portrait, or signature, that individual must give written consent.  15 U.S.C. § 1052(c).  The United States Patent and Trademark Office (“USPTO”) is currently faced with a novel question of whether individuals can revoke their consent after issuance […]

| 3 min read | Tagged: , ,
ZS
DB

Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

By Zach Schroeder and David G. Barker On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible for patent protection under 35 U.S.C. § 101. Repifi Vendor Logistics sued Intellicentrics for infringing […]

| 3 min read | Tagged: , , , , ,
ZS
DB

Supreme Court to Review Copyright Statute Relating to Inaccurate Information Provided to Copyright Office

By Zachary Schroeder and Jacob C. Jones On June 1, 2021, the U.S. Supreme Court granted certiorari in Unicolors, Inc. v. H&M Hennes & Mauritz, LP.  The Court agreed to resolve whether 17 U.S.C. § 411(b) requires a district court to refer a matter to the Copyright Office where there is a claim the copyright […]

| 3 min read | Tagged: , , , , , , , , , ,
ZS
JJ

Legislators Propose Patent Eligibility Overhaul

By Zachary G. Schroeder,* Jacob C. Jones, and David G. Barker In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the Section 101 landscape. That article highlighted the lack of certainty and predictability under existing […]

| 3 min read | Tagged: , ,
ZS
JJ
DB