Get a Kick Out of This
Nike filed two patent infringement lawsuits on November 6, one against New Balance in the U.S. District Court of Massachusetts and another against Skechers in the U.S. District Court for the Central District of California, concerning its Flyknit shoewear technology. Nike sued multiple other global brands such as Puma, Adidas, and Lululemon regarding this same technology in the past five years.
<em>Medtronic, Inc. v. Teleflex Life Scis. Ltd.</em>
The Federal Circuit affirmed the Patent Trials and Appeals Board’s decision on the validity of Teleflex’s patent but refused to address whether an in vivo performance of an in vivo method is required to show actual reduction to practice.
Industry-Specific Patent Policy
Patent scholars have long called for industry-specific patent policy; however, these policies must support cross-functional collaboration amongst different technologies to continue to foster innovation.
<em>Galperti, Inc. v. Galperti S.r.l.</em>
The Federal Circuit vacated the Trademark Trial and Appeal Board’s dismissal of Galperti Inc.’s fraud charge against Galperti S.r.l., because Galperti Inc. did not need to establish secondary meaning or privity in demonstrating their competitors’ claim’s falsity.
<em>Actelion Pharms. LTD v. Mylan Pharms. Inc.</em>
The Federal Circuit Court issued a precedential decision vacating the District Court for the Northern District of West Virginia’s claim construction order and remanded the case to consider extrinsic evidence and its impact on claim construction.
<em>Spireon, Inc. v. Flex Ltd.</em>
The Federal Circuit ruled that the TTAB failed to properly weigh the conceptual and commercial strength of a mark by not considering third-party registrations and by placing the burden to establish non-use on the applicant.
Beyond Earth: Intellectual Property Rights and Space Exploration
When intellectual property in space is involved, challenges in determining jurisdictional and legal frameworks for space activities, contrasting perspectives on extending Earth's IP laws to space, and contemplating the development of a new set of laws specific to space are prevalent. Clear and comprehensive IP laws are necessary to protect innovators and promote exploration and collaboration in the evolving space industry.
Bolstering Brand Association: Preventing Loss of Trademarks to Genericization
One major concern with successful trademark use, especially in the social media age, is that trademark protections will diminish due to genericization, which is common usage of a mark by the public that is unassociated with the brand. By taking protective measures, including early trademark enforcement and carefully-worded advertising, companies can mitigate and manage risk associated with trademark genericization.
It’s Barbie’s World. Burberry’s Just Living in It.
Burberry and Mattel, maker of Barbie, recently settled a U.S. trademark dispute arising from Burberry’s application for registration of the mark “BRBY”, as Mattel withdraws its Opposition Notice and Burberry’s abandons its registration application.
AI vs. Artists: The Bout of the Decade
AI's rapid growth is raising legal concerns, as AI models allegedly use copyrighted materials to train. Lawsuits are questioning AI's legality, as well as its impact on artists and copyrighted content. As the cases are determined, so too will the technology's future and its impact on creators' rights.
Crossroads Between Free Speech and Trademarks
Over the summer, the Supreme Court announced it will take up a trademark case to determine whether the application of Section 2(c) of the Lanham Act to political figures is violative of the First Amendment.
A Digital Marketplace for Patents: Patents as NFTs
To rid the current patent recording system of its existing transparency and validity issues, patents should be digitized as NFTs and stored on a blockchain to create a trustworthy and extensive digital marketplace.
<em>Cosmic Crusaders LLC v. Andrusiek</em>
The Federal Circuit Court ruled in favor of affirming the Trademark Trial and Appeal Board in their decision that Andrusiek had sufficient prior use of the same mark that Cosmic Crusaders had registered, thus cancelling Cosmic Crusaders’ registration
<em>Netflix, Inc. v. DivX, LLC</em>
The Federal Circuit vacated the Patent Trials and Appeals Board’s decision on Netflix’s asserted prior art reference, holding Netflix did not need to use the “magic words” field of endeavor to identify one in their asserted prior art reference.
Copyright Claims Board – A Story of Insufficient Pleadings and Voluntary Adjudication
The year-old Copyright Claims Board can only hear claims within a limited scope and allows respondents to opt-out of proceedings. Although the Board was established to provide an affordable venue for copyright owners to bring small claims, its narrow purview and voluntary nature have yielded only one decision on the merits since its founding in 2022
AI and Copyright: Can Art Created by Generative AI Qualify for Copyright Protection?
Computer Scientist Stephen Thaler aspires to expand the definition of authorship in the copyright registration context. If his appeal is dismissed, this will affirm that AI generated works of art do not satisfy the requirement of traditional-human authorship in an application for copyright protection.
S-E-P-A-R-A-B-I-L-I-T-Y!
Taking a leap into the Supreme Court’s view on separability under the Copyright Act of 1976, we gain a thorough understanding on what makes a feature incorporated into a design eligible for copyright protection. Cheerleading uniforms, the subject of Star Athletica, LLC v. Varsity Brands, Inc., provide a great canvas for painting the requirements necessary to show separability.
Is the British Museum Losing Its Marbles? Copyrighting Antiquities and the Museum's Future In the Face of 3D Scanning Technology
The British Museum faces legal challenges over the Elgin Marbles, with the Institute for Digital Archaeology’s 3D scanning efforts sparking debates on copyrights, cultural heritage, and the future of historical artifact preservation.
<em>Baxalta Inc. v. Genentech, Inc.</em>
The Federal Circuit affirmed the district court’s ruling that Baxalta’s patent for antibodies that treat Hemophilia A was invalid for lack of enablement and applied the Supreme Court’s 2023 decision in Amgen Inc. v. Sanofi to reach its determination.
<em>Bad Elf, LLC v. Flex Ltd.</em>
The Federal Circuit determined that the Trademark Trial and Appeal Board (“TTAB”) erred in its likelihood of confusion analysis and remanded a case to reconsider its application of the conceptual and commercial strength DuPont Factor in light of Spireon.