Dennis Crouch’s Patently O blog recently reported on the record increases in both the number of patent issuing and increases in the allowance rate (i.e., percentage of concluded applications that were allowed). In fact, the last three weeks have seen the highest number of issued patents in any three-week period in U.S.P.T.O. history. In [...]
The Court of Appeals for the Federal Circuit ruled yesterday that fraud on the U.S. Patent and Trademark Office (“PTO”) requires proof of actual intent to deceive, which may not be inferred merely because a trademark applicant made a misstatement that it should have known was false. The court held that “a trademark is [...]
The U.S. Supreme Court agreed to review the en banc decision of the Court of Appeals for the Federal Circuit in In re Bilski (545 F.3d 943). In that decision, the Federal Circuit rejected its previous “useful, concrete and tangible result” test for patentable subject matter articulated in State Street (149 F.3d 1368). Finding [...]
Situation Management Systems, Inc. v. ASP Consulting LLC was decided by the First Circuit Court of Appeals on March 19, 2009. The decision has implications far beyond the dispute of the parties; it affects the copyright expectations of the more than $100 billion management training industry in the United States. Bottom line: this decision supports [...]
The Wisconsin Court of Appeals - District I - has decided a matter involving the notice one must supply prior to bringing a claim for the publication of libelous matter in a newspaper, magazine or periodical. (DeBraska v. Quad Graphics, Inc., et al, January 21, 2009, recommended for publication).
WIS. STAT. § 895.05(2) contains five requirements for valid [...]
Robert W. was an inmate at the United States Prison Leavenworth. While there, he was assigned to work for Federal Prison Industries, Inc. (FPI), a US government-owned corporation that produces, sells and distributes various products. In the course of his duties for FPI, and using government-furnished computers, Robert W. developed and produced desk-blotter calendars for [...]
Did the Federal Circuit just tell the last patent defendant in east Texas to turn off the lights on your way out? The Eastern District of Texas is a popular venue for patent owners, especially non-practicing entities commonly maligned as “patent trolls,” filing infringement lawsuits. The Eastern District is widely perceived as being friendly [...]
Although copyright protects architectural work, protection does not extend to the “individual standard features” of such work such as common windows, doors and other “staple” building components.
US Copyright Law defines an “architectural work” as: the design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings. The
work [...]
The Fifth Circuit has ruled in favor of four universities (Lousiana State University, the University of Oklahoma, Ohio State University and the University of Southern California) against an apparel company that sold t-shirts with the schools’ color schemes and other identifying indicia referencing the games of the schools’ football teams.
Said the court: “We conclude that [...]
Recently, both Legal Literacy and Wisconsin Business Law and Litigation have blogged about the dangers of including another’s trademark in your website’s metatags. (If you’re unfamiliar with metatags and want to see some for yourself, click on “View” [in the Firefox or Explorer browsers], then “Page Source” or “Source.”)
Believing that search engines use metatags to [...]
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