WHERE INGENUITY THRIVES®

Ingenuity Update Blog

Sovereign Immunity and Patent Challenges

By Crissa Cook

The USPTO’s Patent Trial & Appeal Board (PTAB) recently dismissed a petition for Inter Partes Review (IPR) challenging the validity of a patent owned by the University of Florida Research Foundation on unusual grounds.  In a detailed decision, the PTAB ruled that the Research Foundation—a Florida state institution—had not waived its sovereign immunity under the Eleventh Amendment. 

Read more ...

Write comment (0 Comments)

U.S. Supreme Court to Decide Free Speech Issue in THE SLANTS Trademark Case

By Dianne Smith-Misemer, with contributions by Aaron Vanderpool and Crissa Cook

It isn’t very often that trademark cases make their way to the United States Supreme Court (SCOTUS). But yesterday, SCOTUS heard arguments in Lee v. Tam, a high-profile case that will decide whether the First Amendment overrides the ban on federally registering offensive or disparaging trademarks.  The case was brought by an Asian-American rock band that was denied trademark registration for its band name, "The Slants."  At issue is the constitutionality of Section 2a of the Lanham Act’s prohibition against immoral, deceptive, and scandalous marks.  The United States Patent & Trademark Office (USPTO) relies on Section 2a to refuse federal registration of marks that it deems to be offensive or disparaging.  

Read more ...

Write comment (0 Comments)

Supreme Court Agrees to Consider Reach of Patent-Venue Statute

By Chris Dawson - On Wednesday, the Supreme Court granted cert in TC Heartland LLC v. Kraft Food Brands LLC, No. 16-341, agreeing to consider the reach of the patent-venue statute, 28 U.S.C. § 1400(b). That statute provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.”

Read more ...

Write comment (0 Comments)

Supreme Court Chimes in to Limit Damages to Single Components of Design Patents

By Blair Barbieri - Yesterday’s SCOTUS decision in the ongoing Apple-Samsung patent infringement dispute redefines how lower courts interpret “articles of manufacture.”  The decision left much to be desired regarding standard rules of law and future application of certain patent statutes, passing the torch to the Federal Circuit to determine tests and standards for future cases. 

Read more ...

Write comment (0 Comments)

Change in Copyright Office’s Rules Relating to Service Provider Liability for User Content

Change in Copyright Office’s Rules Relating to Service Provider Liability for User Content

By Stephen Huggins

Under the federal Digital Millennium Copyright Act, to qualify for safe harbor protection from certain claims arising from user content, online service providers – including Internet service providers and other Internet intermediaries – must, among other things, designate an agent with the Copyright Office for receiving infringement notices.

Read more ...

Write comment (0 Comments)