United States
Case summaries and articles about intellectual property that are relevant to the United States of America.
November 14, 2019
Fed. Cir. 2019-1803 – CAFC sides with Airbus, finding that prior art references may be analogous even if they are outside the "field of endeavour."
November 7, 2019
Nike, Inc. v. Skechers U.S.A., Inc. – Nike claims that Skechers employs a “copying strategy” to sell “Skecherized versions” of Nike sneakers.
October 11, 2019
CAFC 2018-1763 – In fiercely dissented decision, a top US court has invalidated an automotive patent, further extending the reach of the controversial §101.
September 20, 2019
CAFC 2018-2207 – The US Court of Appeals for the Federal Circuit ruled that “wherein” clauses in patent claims can be limiting if they are material to patentability.
September 6, 2019
CAFC 2018-2091 – The Federal Circuit refused to grant lost profits and joint ownership to ScentSational Technologies for their scent-releasing bottle cap.
August 23, 2019
A draft bill released May 22nd proposes significant reforms to section 101 of the US Patent Act. Businesses should be aware of the commercial impact.
August 16, 2019
SCOTUS, No. 18-302 (Iancu v Brunetti): In a recent decision, the US Supreme Court abolished the longstanding ban on registering vulgar and offensive words as trademarks.
July 19, 2019
Dead End Survival, LLC v Marhasin (2019 ONSC 3453) In the era of online shopping, it is easier than ever for counterfeiters to distribute fake consumer […]
July 18, 2019
SCOTUS blocked US Postal Service from using proceedings under the Leahy-Smith America Invents Act (“AIA”) to avoid litigation and invalidate a US Patent.
July 8, 2019
The CAFC reminds lower courts that software patents are valid where they claim a particular improvement in how the outcome is achieved.
July 2, 2019
CAFC confirms that an invention is only obvious and ineligible for a patent where a skilled person would have had a “reasonable expectation of success.”
June 11, 2019
AVX Corporation v Presidio Components (Fed. Cir., 2018-1106) A case recently dismissed by the United States Court of Appeals for the Federal Circuit (“CAFC”) confirms that […]
May 7, 2019
Fed. Cir., 2016-2222 - CAFC affirms that a patent may be successfully defended if the patent holder can prove that the invention was conceived prior to any similar prior art.
October 17, 2017
2016 U.S. App. LEXIS 8699 (Fed. Cir. 2016) - The US CAFC reversed the decision of a district court in part, finding that the claims in a software patent were patent-eligible, and reversed the finding that the claims were anticipated, but affirmed the district court’s decision that there was no infringement.