Posts in District Courts


Patent Filings Roundup: Disney Displeasure Cruise; WSOU Investments’ Recordation Problems; and Chinese Company Targets Chinese Counterfeiters in U.S. Court

A slightly higher than average 38 petitions were filed at the U.S. Patent and Trademark Office (USPTO) last week, all inter partes reviews (IPRs), a number again …
By Jonathan Stroud
2 months ago 0

NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts

On April 9, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief in Ericsson Inc. v. Samsung Electronics Co., Ltd., No. 2021-1565, urging a panel …

Drafting Lessons from a 101 Loss in the Eastern District of Texas

On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
By Gene Quinn
2 months ago 9

Satan Shoes: Trademark Blasphemy or Free Speech?

Though the parties have quickly settled their case, the question remains open: was Lil Nas X’s “Satan Shoe” an exercise of free speech or a trademark …

Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung

In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
By Eileen McDermott
2 months ago 2

Second Circuit: Museum’s Online Exhibit Featuring ‘Frankenstein’ Guitar Photo was Fair Use

On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum …
By Eileen McDermott
3 months ago 1

Peloton Wants to Cancel the Mark SPINNING for Being Generic – the TTAB Has Rarely Granted Such a Petition

Peloton’s petitions to cancel Mad Dogg’s registered trademarks for SPIN and SPINNING (in Classes 41 and 28) for genericism ask the Trademark Trial and Appeal Board (TTAB) …
By Sarah Brooks & Alicia Sharon
3 months ago 3

Biden Announces Intent to Nominate Tiffany Cunningham to Federal Circuit

President Joe Biden today announced 11 judicial candidates – 10 for federal circuit and district court judge positions, including Tiffany Cunningham as nominee for the United States Court of Appeals …
By IPWatchdog
3 months ago 80

Ex Parte Seizures Five Years After the Enactment of the Defend Trade Secrets Act

Almost five years has passed since the enactment of the Defend Trade Secrets Act (DTSA) on May 11, 2016, which provides for civil relief for the theft of trade …
By Peter J. Toren
3 months ago 0

Patent Filings Roundup: Pulling the Pinn; Cal Tech Expands Chip Suit; USF Research Foundation Patent Petitioned

It was another typical Patent Trial and Appeal Board (PTAB)/district court split this week, with 33 petitions (two of them post grant reviews [PGRs]) and 71 district court …
By Jonathan Stroud
3 months ago 2

Federal Circuit Upholds Attorneys’ Fees Award, Grants Appellate Fees and Double Costs in Cheekd Dating App Case

In 2019, IPWatchdog reported on Lori Cheek, an independent inventor and founder of the dating service, Cheekd, who has spent the last several years defending herself against accusations …
By Eileen McDermott
3 months ago 4

Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions

On March 17, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded a decision from the U.S. District Court for the Western District …
By Nancy Braman
3 months ago 0

Mysterious Patent Attacks: Policymakers Must Stand Up and Require Patent Membership Organizations Reveal Themselves

A strong and predictable intellectual property system is crucial to protecting and promoting American innovation around the globe. It allows American businesses of any size to compete …
By Robert Stoll
3 months ago 40

Parties’ Names Should Generally be Disclosed to the Public, Says CAFC

On March 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Middle District of Florida’s decision directing the clerk to unseal the …
By Butch Laker
3 months ago 0

Patent Filings Roundup: Canon(ball) Runs to the ITC; District Court Filings Spike

Patent Trial and Appeal Board (PTAB) filings held at 25 this week, with one post grant review (PGR) and 24 inter partes reviews (IPRs); district court patent filings jumped …
By Jonathan Stroud
3 months ago 0