Federal Circuit Interprets "On-Sale Bar"

by MC Lumayag on May 2, 2017

Federal Circuit

Says SEC disclosures

Trigger On-Sale Bar

The Federal Circuit has ruled that the on-sale bar rule of 35 U.S.C. § 102 applies to sales of products made available to the public even if what’s offered doesn’t fully disclose the invention.

The case of Helsinn v. Teva involves four Helsinn patents for intravenous formulations of a drug called palonosetron for reducing or reducing the likelihood of chemotherapy-induced nausea and vomiting (CINV).

Helsinn sued Teva alleging that Teva’s filing of an Abbreviated New Drug Application (ANDA) constituted an infringement of various claims of those patents.

Read the full article →

The Ninth Circuit Court

says using moderators

may lose safe harbor

image

By Rocbeyonce – https://commons.wikimedia.org/wiki/File:FWT11.jpg / https://www.facebook.com/shawntok, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=49895196

The Ninth Circuit Court of Appeals held that a website may become ineligible for the DMCA’s "safe harbor" against copyright infringement liability if the site uses moderators to select user content to post on the site.

Mavrix Photographs, LLC v. LiveJournal, Inc involves LiveJournal.com, a social networking platform.

The platform allows users to create and manage "communities" in which they can post and comment on content related to a theme. Each community can create its own rules for submitting and commenting on content.

Read the full article →

The Ninth Circuit Court

Rules federal copyright

trumps publicity

image
By Marine 69-71 – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=57685344

The US Court of Appeals for the Ninth Circuit has ruled that state law right-of-publicity claims are pre-empted by the federal Copyright Act “when a likeness has been captured in a copyrighted artistic visual work and the work itself is being distributed for personal use.”

The case of Maloney v. T3 Media, Inc .was brought by former student athletes Patrick Maloney and Tim Judge. Maloney and Judge played for the Catholic University men’s basketball team between 1997 and 2001.

In their first year on the team, the men made it to the Division III national championship game, which their team won in an upset.

Read the full article →

US Supreme Court

rules laches is no defense

in patent lawsuit

image
By Jere Keys http://www.flickr.com/photos/tyreseus/ – http://www.flickr.com/photos/tyreseus/507218014/, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=16187887

The US Supreme Court has vacated a Federal Circuit decision and ruled that laches cannot be invoked as a defense against a claim for patent damages when the case was brought within the six-year limitation period of 35 U.S.C. 286.

The case of SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods. involved rival sellers of adult incontinence products.

In 2013, SCA sent a letter to First Quality alleging that it was making and selling products that infringed SCA’s patent rights.

First Quality responded that one of its own patents antedated the SCA patent at issue and thus that the SCA patent was invalid.

SCA seemingly dropped the subject and First Quality proceeded to further develop and market its adult diaper products.

Read the full article →

Mobile Games and Intellectual Property

by Adam Philipp on April 6, 2017

"The Walking Dead" help

mobile games make more money;

brands add to profits

image
By FriscoFoodie at English Wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=37252356

Mobile games are big business, generating $40.6 billion worldwide in 2016 and growing at a healthy 18% over the previous year.

The mobile gaming market is also highly competitive, with more than 800,000 titles available in app stores.

Only a small percentage of the hundreds of thousands of games are hits. 80% of mobile gaming revenues are generated by 20 game publishers and 1,000 top titles.

Read the full article →

Donald Trump Wins Trademarks in China

Trump’s Chinese Trademarks: conflict of interest or preventative step? This work has been released into the public domain by its author, Vrlobo888 at the wikipedia project. This applies worldwide. President Donald Trump’s intellectual property ownership has been in the news lately. (We previously discussed how intellectual property law in the US might change under a […]

Read the full article →

China Makes It Easier to Get Business Method and Software Patents

Business methods easier to patent in China than US? By Zeng Gongliang, Ding Du, and Yang Weide – Wujing Zongyao, from Science and Civilisation in China p. 496, โดเมนสาธารณะ, https://commons.wikimedia.org/w/index.php?curid=25628379 Although it’s been more difficult to get software and business-method patents in the United States in the wake of court cases like the Supreme Court’s […]

Read the full article →

Federal Circuit Invalidates "Obvious" Scanner Patent

Federal Circuit: Scanner patent claims should be Narrowly construed By Creative Tools from Halmdstad, Sweden – CreativeTools.se – VIUscan – Laser-scanned – ZPrinter – 3D printed – Viking Belt Buckle 24, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=12419129 The Federal Circuit has upheld a decision of the Patent Trial and Appeal Board (PTAB), on Inter Partes Review, that […]

Read the full article →

Don’t Try to Register an "Incapable Informational Mark"

By David Shankbone – Own work, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=17379884 The US Patent and Trademark Office (USPTO) has recently updated its draft examination guide and listed types of marks that are considered “informational” and otherwise not eligible for trademark protection. According to the USPTO, The set of wording held as merely informational by case law […]

Read the full article →

New Trademark Requirements in Effect

USPTO Implements new trademark rules; more proof now required Effective February 17, the US Patent and Trademark Office has amended its rules on trademark usage and intent to use. The new rules are part of an effort to clear out "dead wood" — trademarks that are registered (and thus not available to others) but not […]

Read the full article →