By Anne Bolamperti and David G. Barker Yesterday, in Thryv, Inc. v. Click-To-Call Technologies LP, the Supreme Court held that Patent Trial and Appeal Board (“PTAB”) decisions regarding the time limit for filing inter partes reviews (“IPRs”) are not subject to judicial review. Thryv filed an IPR against Click-To-Call’s patent for anonymous telephone call technology. Click-to-Call argued the […]
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By Anne Bolamperti and David G. Barker The Ninth Circuit Court of Appeals recently held in VIP Products LLC v. Jack Daniel’s Properties, Inc. that the “Bad Spaniels” dog toy is an expressive work entitled to First Amendment protection. The court vacated the United States District Court for the District of Arizona’s judgment that the […]
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By Daniel M. Staren and David G. Barker Today a unanimous Supreme Court struck down the Copyright Remedy Clarification Act of 1990 (“CRCA”), which sought to expose States to copyright infringement suits. See 17 U.S.C. § 511(a). The Court’s decision in Allen v. Cooper affirmed a Fourth Circuit decision holding that neither Congress’s Article I […]
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By Shalayne L. Pillar and David G. Barker On March 9, 2020, Led Zeppelin won a major copyright battle over claims that they stole part of their signature song “Stairway to Heaven.” The Ninth Circuit Court of Appeals, ruling en banc, upheld a 2016 jury verdict that cleared the band of infringing a 1967 instrumental […]
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By Daniel M. Staren and David G. Barker The Supreme Court unanimously held that the United States Patent and Trademark Office (PTO) may not recover the salaries of its legal personnel as “expenses” in a civil action challenging an adverse decision by the PTO under the Patent Act. The Court’s decision in Peter v. NantKwest […]
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By Andy Halaby At the Supreme Court’s request, the Solicitor General on Friday, December 6, weighed in on two pending cert petitions dealing with patent subject matter eligibility under 35 U.S.C. § 101. Though the Solicitor General urged on behalf the United States that both those cert petitions be denied, he seized the opportunity, in […]
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By Andy Halaby The Supreme Court’s cert grant on the Federal Circuit’s most recent decision in the long-running and highly publicized battle between Oracle and Google appears to confront policy questions as much as legal ones — such as whether the nation’s economy would be better or worse off, and under what circumstances, allowing software […]
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By Andy Halaby The Supreme Court’s decision in United States Patent & Trademark Office v. Booking.com to take up whether booking.com is generic, and thus unprotectable as a trademark, is intriguing. The government maintains the term is generic. It starts with the premise that the root term “booking” is generic. As for “.com,” the government […]
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By Shalayne L. Pillar and David G. Barker On October 22, 2019, the U.S. House of Representatives voted 410-6 in favor of the Copyright Alternative in Small-Claims Enforcement Act of 2019, or CASE Act. If passed into law, the CASE Act would create a voluntary small claims board within the U.S. Copyright Office, called the […]
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By Shalayne Pillar and David G. Barker The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads aimed at rival MillerCoors. The case involves Anheuser-Busch’s Bud Light ad campaign that highlighted […]
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