By Amanda Z. Weaver, Ph.D. and David G. Barker The U.S. Supreme Court recently granted a petition for writ of certiorari (docket, here) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The Court will review a Second Circuit decision holding Andy Warhol’s set of […]
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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 […]
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By Daniel M. Staren and David G. Barker The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. Unicolors created fabric designs but did not publish them at the same time. Later, in February […]
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By Daniel M. Staren and David G. Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages because of Caltech’s unsupported two-tiered reasonable royalty patent damages theory. Caltech sued Broadcom, Apple, and others in the […]
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By Emily Parker and David Barker Last week, a split Federal Circuit panel reversed a decision invalidating certain computer-aided-design patent claims because the district court used an incorrect indefiniteness standard. Nature Simulation Systems (“NSS”) sued Autodesk, Inc. for infringing two patents directed to computerized methods for building three-dimensional objects. Autodesk argued that certain claims in […]
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By David G. Barker In a precedential opinion this week, the Federal Circuit affirmed a district court judgment in favor of Novartis Pharmaceuticals, in an appeal brought by HEC Pharm challenging the written description in Novartis’s 9,187,405 patent. Novartis markets a 0.5 mg daily-dose drug to treat a form of multiple sclerosis, and the patent […]
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By Anne Bolamperti and David G. Barker The Federal Circuit invalidated Juno Therapeutics, Inc.’s T cell therapy patent for cancer treatment and erased a billion dollar judgment in Juno’s favor. The court held that the jury verdict regarding the patent’s written description under 35 U.S.C. § 112(a) was not supported by substantial evidence. Juno’s U.S. Patent No. […]
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By Marsha Cotton and David G. Barker The Supreme Court upheld assignor estoppel in Minerva Surgical, Inc. v. Hologic, Inc., et al. but held that the Federal Circuit “failed to recognize the doctrine’s proper limits.” In doing so, the Court imposed new limitations on when the equitable doctrine applies in a patent case. The Court […]
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By Daniel M. Staren and David G. Barker The Supreme Court held this week that the United States Patent and Trademark Office’s (“USPTO”) appointment of Patent Trial and Appeal Board (“PTAB”) judges cannot be constitutionally enforced because the USPTO director does not have authority to review final PTAB decisions. Smith & Nephew, Inc. and ArthroCare […]
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