United States

Case summaries and articles about intellectual property that are relevant to the United States of America.

May 11, 2023
Photograph of the Apple store feature a white Apple logo against a glass window reflecting a cityscape

Federal Circuit Re-Opens Challenge to the Fintiv Rule

Since 2020, the USPTO has been denying requests for post-grant validity challenges based on the controversial Fintiv rule.
January 20, 2023
Photograph of assorted blister packs containing pharmaceuticals in pill form.

Past Conduct Deemed Relevant to Infringement in ANDA Proceedings

CAFC No. 22-1595: In this precedential decision on induced infringement, the Federal Circuit clarified that “past conduct is relevant to what will happen in the future”.
January 5, 2023
In a hospital room, a woman in a white lab looks at a computer monitor.

USPTO to Launch Cancer Moonshot Expedited Examination Pilot Program

Starting on February 1st, the US Patent and Trademark Office (USPTO) will offer accelerated examination for patent applications aimed at preventing cancer and cancer mortality.
December 22, 2022
circuit board

Federal Circuit Applies Collateral Estoppel in IPR Proceedings

The Court of Appeals for the Federal Circuit found that dependent claims invalidated by collateral estoppel also invalidated the parental independent claim.
May 12, 2022
Engineer at an oil refinery inspects centrifuge equipment.

Federal Circuit Narrows Application of the Experimental Use Exception

Under the “on-sale bar”, privately offering to sell an invention before filing a patent application can void the patent rights in all but a few permissible scenarios.
November 2, 2021
Photo of a hand holding a credit card above a laptop keyboard.

Apple and Visa Persuade Federal Circuit to Invalidate Patents for Secure-Payment

Fed. Cir. No. 2020-2044: The Federal Circuit found that the patents were directed to an abstract idea, with no additional elements to transform them into patentable subject-matter.
October 5, 2021
A close-up photograph of a metal vaporizer or vape-pen

United States Court of Appeals Clarifies “Actual Notice” Under § 287

Fed. Cir. No. 19-2286: The actual notice requirement of § 287 is only satisfied when the recipient is informed of the identity of the patent and the allegedly infringing activity.
July 7, 2021

CAFC Invalidates a Camera Patent, Blurring Lines in the Patent Eligibility Inquiry

Fed. Cir. No. 2020-1760: The CAFC sided with Apple and Samsung, finding a patent for an “improved” digital camera to be an abstract idea and not patent-eligible subject matter.
April 22, 2021
Image of the Android logo beside a smartphone against a black background.

US Supreme Court Sides With Google to End Oracle’s Monopoly Over Java

No. 18-956: In ruling that Google's copying of Java code amounted to fair use, the court adapted traditional copyright laws to software, which is primarily functional in nature.
March 3, 2021
Model of a human brain photographed in an anatomy lab.

A Closer Look: CAFC Finds Immersion Photography Claims Are Obvious

Fed Cir, 2019-1927: The CAFC overturned a finding of non-obviousness by the US Patent Trial and Appeal Board on a patent owned by Melanoscan, LLC.
December 2, 2020
Close-up photograph of a fountain pen writing words in ink on paper.

Written Description Particularly Important if Amending Claims in Response to Competitor

Fed. Cir. 2018-1779: A patent for testing fetal DNA was found to be unpatentable because the claims were not fully supported by the written description.
September 10, 2020
Photo of a pair of shoes dangling off the edge of a building while lights shine on a bridge in the distance at night.

Identical Preambles: Limiting in One Patent, Not Another

Fed. Cir. 2019-1622: The CAFC found the same preamble created different limitations for different patents, limiting one patent but not the other.
August 10, 2020
Macro photograph of a computer keyboard with black keys.

Infringer Uses Marking Requirement to Escape Pre-Suit Damages

Fed. Cir. 2019-2041 - The CAFC held that Packet Intelligence was precluded from claiming $3.5M in pre-suit damages because the marking requirement was not met.
July 7, 2020
Basketball player holding an orange basketball with a Nike swoosh logo in one hand

Hands Off! Nike Wins Battle Over Claw Logo Against Kawhi Leonard

An Oregon court ruled that Nike owns the Claw logo that includes a sketch of Leonard's hands that famously earned him the nickname “The Claw.”
April 16, 2020
Photograph of white pharmaceutical pills on a blue background.

Prima Facie Obviousness Established From Similar Compounds, Overlapping pH

Fed. Cir. 2018-2097 — The CAFC ruled that Valeant's patent for Relistor(R) is prima facie obvious based on similar compounds with overlapping pH ranges.
January 17, 2020
Photo of two jars of weed for sale in a cannabis store.

Beat the Weeds: File Your Cannabis Trademarks in Canada

Because of the status of cannabis and trademark laws in the US, brand owners are looking to Canada to register their cannabis trademarks.
January 2, 2020
A set of symbols or abuse on a cardboard plate in the hands of a young woman. Disagreement on the online forum or on the Internet.

How FUCT Overturned the US Ban on Immoral, Scandalous Trademarks

Nearly 30 years after founding the streetwear brand FUCT, Erik Brunetti finally convinced SCOTUS to end a ban on "immoral" or "scandalous" trademarks.
December 19, 2019

Fuel Tank Patents Limited by Patentee’s “Special Definition”

Fed. Cir. 2018-2087 - Plastic Omnium was unsuccessful in proving patent infringement because the patents used a "special definition" of the word "parison".
December 16, 2019
Photo of the Raptors NBA logo on the court of Scotiabank arena

Clawing Deeper into the Monster v. Raptors Trademark Battle

The Raptors are tipping off against Monster, who allege the Raptors trademark featuring a clawed-up basketball is confusingly similar to the Monster "M".
December 9, 2019
The word blockchain surrounded by symbols of bitcoin, finances, mobile devices, money, computer networks.

Patenting Blockchain Technologies

Is patenting blockchain possible? Do patents detract from the decentralization of blockchain? This article explains the ins and outs of blockchain patents.