United States – IP Law Watch

Federal Circuit Clarifies the “Dispositive” Requirement of the Foreign Antisuit-Injunction Framework

Nov 11 2024

On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc.¹ concluding that the threshold “dispositive” requirement of the foreign-antisuit-injunction framework can be met if a foreign antisuit injunction would resolve a foreign injunction, even if it would not resolve the entire foreign proceeding. The Federal Circuit also clarified that whether a party satisfies the good-faith-negotiating obligation of a fair, reasonable, and non-discriminatory (FRAND) commitment is dispositive of the party’s ability to pursue foreign injunctions.

Federal Circuit Confirms Application of the Pre-AIA on-Sale bar to AIA Patents

Aug 28 2024

On August 12, 2024, the United States Federal Circuit held that the enactment of the America Invents Act did not constitute a foundational change in the on-sale bar provision under 35 U.S.C. § 102(a)(1), finding the sale of products made using a secret process triggers the on-sale bar under pre-AIA precedent.¹ The Court therefore affirmed the International Trade Commission’s invalidation of Celanese’s patents because Celanese sold products made using the patented process more than one year before the effective filing dates.²

US$18.3 million Wearable Blanket Infringement Award Stands Despite Newly Announced Design Patent Standard

Jul 08 2024

An Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy” trademarks used in connection with “The Comfy” hooded wearable blanket, which was featured on the television program “Shark Tank”.

Federal Circuit Relaxes Standard for Design Patent Obviousness Challenges

May 23 2024

On 21 May 2024, the Federal Circuit overturned the Rosen-Durling test used to assess non-obviousness of design patents. In LKQ Corporation v. GM Global Technology Operations LLC, the Court en banc ruled the same conditions for patentability that apply to utility patents apply to design patents, specifically holding the obviousness rationale articulated in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), will now apply to design patents. LKQ Corp. v. GM Glob. Tech. Operations LLC, No. 2021-2348, 2024 WL 2280728, at 1 (Fed. Cir. May 21, 2024) (en banc).

Levi Strauss Settles Trademark Dispute Over Pocket Tab on Jeans

May 13 2024

Levi Strauss continues enforcement of its Tab trademark against other fashion companies. On May 7, 2024, just a couple months after filing suit against Brunello Cucinelli, Levi Strauss voluntarily dismissed its lawsuit. Levi’s filed suit against the Italian luxury fashion brand in the Northern District of California in January 2024 alleging infringement of Levi’s rectangular pocket tab trademark. Levi’s dismissed the suit after reaching a confidential settlement.

Guidance on use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office

Apr 18 2024

On 11 April 2024, the United States Patent and Trademark Office (USPTO) published guidance (referred to herein as the Guidance) on the use of artificial intelligence (AI) based tools, including generative AI, in practice. The USPTO recognizes the benefits of AI and while practitioners are not presently required to disclose whether AI is used as a drafting tool there are a variety of duties that arise with its use. The Guidance outlines the current USPTO policies and illustrates how these rules interact with the use of AI tools. Below, we will highlight different uses of AI tools and provide an overview of potential risks the USPTO discusses in the Guidance.

Chanel Seeks Permanent Injunction Against WGACA

Apr 12 2024

The public legal dispute between luxury brand Chanel and luxury reseller What Goes Around Comes Around (WGACA) continues with Chanel seeking a permanent injunction that WGACA argues is too broad. As previously reported, a New York jury previously awarded Chanel a US$4 million verdict against WGACA for sales of counterfeit Chanel-branded products Chanel, Inc. v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY).

HACKED! Regain Control of Your Social Media Identity

Mar 22 2024

Imagine receiving a call from a friend asking about a new money-making opportunity you just posted on your social media account. Only, you did not post it. This is a story that many social media users face as the number of hacked social media accounts continues to rise. In a letter dated March 5 2024, 41 state Attorney Generals wrote Meta Platforms Inc. highlighting a significant rise in the number of hacked accounts being reported to their offices, (noting increases from 2022 to 2023: 730% increase in Vermont; 330% increase in North Carolina; 256% increase in Illinois; and 270% increase in Pennsylvania), and urging Meta to take immediate action. In a world where social media is engrained as a daily part of our lives, losing control of your social media identity can cause stress and have an impact on your professional and personal brand. Here are some suggested steps you can take to prevent having your account taken over and address it should hacking occur.

New Accelerated Patent Grant (APG) Program Enhances Opportunities for U.S. Entities

Dec 19 2023

On November 13 2023, the Mexican PTO (“IMPI”) released guidelines for the Accelerated Patent Grant (“APG”) Agreement. This is a patent work-sharing arrangement allowing qualifying USPTO patent holders the option of expediting prosecution for a corresponding Mexican patent application. The USPTO has been partners with Mexico through the Prosecution Highway (“PPH”) since 2010. PPHs are bilateral agreements among participating nations allowing qualifying patent applicants from one patent office to request expedited prosecution in a participating office. PPH programs have successfully reduced examination time and costs for clients by allowing examiners in later examining offices to utilize the search results from the earlier examiner. While the USPTO has a PPH partnership with IMPI, the APG Program is a new program giving USPTO applicants another opportunity to expedite a counterpart application in Mexico.

U.S. Copyright Review Board Affirms Rejection of Copyright Registration for Work Created With AI Application

Dec 18 2023

In a decision dated 11 December 2023, the Copyright Review Board of the United States Copyright Office affirmed the Office’s refusal to register an AI-generated artwork submitted by Ankit Sahni.

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