Articles: 1-10 of 381

Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion

USA - October 7 2021 For the third time in as many months, the US Court of Appeals for the Federal Circuit found clear error in the US District Court for the Western…

Copyright Claims Board’s Proposed Rulemaking: How to Initiate and Respond to a Claim

USA - October 7 2021 In January 2021, Congress enacted the Consolidated Appropriations Act. This legislation incorporates the Copyright Alternative in Small-Claims…

Only One More Ratification Needed: European UPC Might Be Ready to Launch

European Union - October 7 2021 The German parliament recently passed the Approval Act (the Act) regarding the planned European Unified Patent Court (UPC) and the protocol on a UPC…

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

USA - October 7 2021 The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based…

Induced Infringement Finding May Support Willfulness Finding

USA - October 7 2021 In a redux visit, the US Court of Appeals for the Federal Circuit found that the record compelled reversal of a district court’s refusal to reinstate…

TTAB Cancellation Proceedings Not Preclusive in District Court, Even Between Same Parties

USA - September 30 2021 Addressing the preclusive effect of judgments by tribunals with limited jurisdiction, the US Court of Appeals for the Third Circuit held that…

Fifth Circuit Affirms Jury Verdict on Willing Licensee FRAND Commitment

USA - September 30 2021 The US Court of Appeals for the Fifth Circuit affirmed a jury verdict finding that a standard essential patent (SEP) owner did not breach its…

One for All, and All for One . . . Except When It Comes to Patent License Comparability

USA - September 30 2021 Examining whether portfolio patent licenses can be sufficiently comparable to a single-patent license for the purposes of supporting a patent damages…

A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

USA - September 30 2021 The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the…

Discretion to Authorize Hague Alternative Service on Foreign Defendant—it’s All About Time and Cost

USA - September 23 2021 The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus, directing the US District Court for the Western District of…