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On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the U.S. Court…

The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle

April 13, 2021

Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court got it…

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

April 12, 2021

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 Office (USPTO) Director Andrei…

The mRNA IP and Competitive Landscape Through One Year of the COVID-19 Pandemic – Part I

April 11, 2021

Patent

Shortly after we posted about Moderna, Inc.’s October 2020 pledge not to enforce its COVID-19-related patents during the pandemic, the United States Food & Drug Administration (FDA) granted emergency regulatory…

The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results

April 9, 2021

For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never met an intellectual property…

CAFC Dismisses Apple’s Bid to Overturn PTAB Holding it Failed to Prove Qualcomm Patents Obvious

April 8, 2021

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday dismissed two appeals filed by Apple against Final Written Decisions of the Patent Trial and Appeal Board (PTAB) finding…

Rules of Evidence Crush Wi-LAN’s Patent Infringement Claims Against Vizio and Sharp

April 7, 2021

On April 6, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, holding that…

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

April 6, 2021

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 of Art’s use…

This Week in Washington IP: Bridging the Global Internet Gap, Addressing Russian Counterspace Advances and Europe’s Place in U.S.-Chinese Tech Competition

April 5, 2021

Patent

This week in Washington IP news, both houses of Congress remain quiet during their regularly scheduled work periods. Among policy institutes, the Center for Strategic & International Studies hosts a…

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

April 4, 2021

Litigation, Patent, Trademark