Archives: Federal Circuit Court of Appeals

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Ninth Circuit Rejects Fair Use Defense in Seuss/Star Trek “Mash-Up” Case; Netflix Settles Sherlock Holmes Case

Big doings in copyright law the week before Christmas! The Congressional approval of a new federal statute providing low-cost, accelerated adjudication of low-value copyright disputes and criminalizing infringing streaming activities will be the subject of a future blog article. Meanwhile, the Ninth Circuit Court of Appeals has reversed a lower court’s holding in a copyright … Continue Reading

Supreme Court Grants Cert in Brunetti Appeal

The U.S. Supreme Court has agreed to hear arguments in the case of Iancu v. Brunetti. This, as you may recall, is an appeal regarding the constitutionality of the Lanham Trademark Act’s section 2(a) provision precluding registration of “immoral” or “scandalous” trademarks. In the wake of the much-discussed 2017 Supreme Court decision in Matal v. … Continue Reading

Christian Faith Fellowship Church is Going 12 Rounds with adidas AG in David-versus-Goliath Trademark Battle

Last week, Christian Faith Fellowship Church prevailed at the U.S. Court of Appeals for the Federal Circuit on its appeal of a final judgment of the Trademark Trial and Appeal Board (TTAB) that, in response to a petition filed by adidas AG (Adidas), cancelled its trademarks for failing to use the marks in commerce before … Continue Reading

The Federal Circuit Reinstates an Apple Victory and Reestablishes the Limits of the Court’s Fact-Finding Function

Sitting en banc, the Federal Circuit recently issued its decision in Apple v. Samsung, a stunning rebuke of a panel of that same court, vacating the panel’s February 26, 2016 opinion, reinstating a $119.6 million jury award for Apple, and—perhaps most importantly—holding unequivocally that the court’s factual determinations must be confined to the record on appeal. … Continue Reading

Sometimes a Cigar is Just a Cigar: Empressa Cubana v. General Cigar Co.

Cuba is famous for cigars, and COHIBA brand cigars are arguably the most famous Cuban cigars in the world. But because of the Cuban embargo, COHIBA brand cigars cannot be legally sold or imported into the United States. But as recently decided by the Federal Circuit, the Cuban owners of the COHIBA mark still have a … Continue Reading

Nautilus, Inc. v. Biosig Instruments, Inc.

The Supreme Court today overturned Federal Circuit precedent regarding the law of indefiniteness of patent claims. The Federal Circuit had previously held that a patent claim passes muster under 35 U.S.C. §112, (a) [previously ¶2] and is not indefinite so long as the claim is “amenable to construction,” and the claim, as construed, is not “insolubly ambiguous.” … Continue Reading

Federal Circuit Sets Itself Up For Another Supreme Court Challenge: Microsoft v. DataTern

The Federal Circuit issued a split decision today that once again tries to create a special rule for patent litigation that does not follow the rules usually applied to other civil litigation.  In Microsoft v. DataTern, the Federal Circuit was reviewing Microsoft’s and SAP’s successful challenge to infringement allegations leveled by DataTern against their customers.  Suing … Continue Reading

Cybor Rule for Claim Construction Remains Intact

Flip a coin for patent infringement outcome? That is what a lot of people—including federal district court judges—have thought, given that claim construction is solely a matter of law for judges to decide under the Cybor rule (taken from the 1998 Cybor Corp. v. FAS Technologies case). Claim construction pretty much determines the outcome of most patent litigation. So … Continue Reading