September 2024

In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and remanded an award of attorneys’ fees to the defendants. Although the district court had determined the case […]

Beginning October 30, 2019, the new Patent Act and Rules will bring Canada into compliance with the Patent Law Treaty and significantly change current Canadian patent practice. Here are some key changes that you need to know about:

By Asha Glover (September 30, 2024, 6:17 PM EDT) — The owner of a metal fabrication company who admitted to neglecting to report nearly $3 million in business income to the Internal Revenue Service was sentenced to 18 months in prison, according to Connecticut federal prosecutors…. Law360 is on it, so you are, too. A

By Andrew Karpan (September 30, 2024, 6:01 PM EDT) — An Indian generic-drug maker wants the whole Federal Court to take a closer look at the issue of “double patenting,” telling it that a recent panel ruling mistakenly breathed new life into pharmaceutical patents covering an anti-diarrhea drug…. Law360 is on it, so you are,

by Dennis Crouch On September 30, 2024, the Supreme Court held its long conference, and considered whether to grant certiorari in a number of pending patent cases, including the eligibility-focused petition in Eolas v. Amazon. As we await the outcome of that conference, I wanted to highlight another new elitibility petition. This one in Plotagraph

By Ivan Moreno (September 30, 2024, 5:33 PM EDT) — Atari Interactive Inc. can pursue a copyright infringement claim against State Farm Mutual Automobile Insurance Co. because the insurer featured part of the 1980s arcade game Crystal Castles in a commercial, but a Texas federal judge tossed all the other claims in the suit from

By Ivan Moreno (September 30, 2024, 5:34 PM EDT) — A California federal court has asked the Ninth Circuit to determine if the Digital Millennium Copyright Act requires an infringing copy be identical to the original to have an actionable claim for removing copyright management information, a key question in a case where developers sued

This week we will change things up a bit to allow me to do a little ranting on a topic I’ve been thinking about more and more over the last several years; namely, do we still need, or even want, a Federal Circuit? Then recently I was having a conversation with several well-known observers of

By Betsy Flanagan, Sam Matthews and Matthew Pavao (September 30, 2024, 5:06 PM EDT) — On Aug. 13, the U.S. Court of Appeals for the Federal Circuit held in Allergan USA Inc. v. MSN Laboratories Private Ltd.[1] that “a first-filed, first-issued, later-expiring claim” cannot be invalidated for obviousness-type double patenting, or ODP, “by a later-filed,

The mark was referred to as a ’position tactile mark’ and the application contained a description of the sign. The goods for which registration was sought were ‘sanitary inserts, in particular jet regulators and jet formers’ in class 11. The EUIPO rejected the application because it was not sufficiently precise to be represented on the