The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.” Intellectual property rights – patents, trademarks, copyrights,...
In its orders of October 13, 2020, the U.S. Supreme Court granted petitions for writ of certiorari to three cases involving Arthrex, Inc., dealing with the constitutionality of the PTAB’s judges:...
On August 3, 2020, the Court of Appeals for the Federal Circuit issued a modified opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc., reiterating its earlier opinion finding claims directed to...
On July 31, 2020, the Court of Appeals for the Federal Circuit denied American Axle’s petition for en banc review, in American Axle & Manuf., Inc. v. Neapco Holdings LLC, with those judges seeking...
Two recent U.S. Supreme Court decisions in Matal v. Tam, decided in 2017, and Iancu v. Brunetti, decided this past May, both dealt with registration of trademarks under 15 U.S.C. §1052(a) (§2(a))...
A fascinating ruling dealing with design patents, amendments made during prosecution, and limitations on claim scope was handed down by the Court of Appeals for the Federal Circuit on September 12,...
Source: U.S. Patent No. 7,033,603, Apr. 25, 2006, to Kevin D. Nelson & Brent B. Crow (inventors); Board of Regents of the Univ. of Texas (assignee) The issue of sovereign immunity has been raised...
On August 21, 2019, the Court of Appeals for the Federal Circuit held in The Chamberlain Group, Inc. v. Techtronic Inds. Co., that Chamberlain’s U.S. Patent No. 7,224,275 (‘275) directed to wireless...
There have been several patent-eligibility rulings by the Court of Appeals for the Federal Circuit this year, but on August 16, 2019, the Fed Circuit held that claim construction in-dispute must be...
In a strange ruling by the Court of Appeals for the Federal Circuit, on July 29, 2019, although publicly released on August 9, 2019, in Genetic Veterinary Scis., Inc. v. Laboklin GmbH & Co KG, the...