District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101
The IP Law Blog
by Eric Caligiuri
20h ago
In Pictometry International Corp. v. Roofr, Inc., 1-21-cv-01852 (DDE Jan. 19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds. Patentability under 35 U.S.C. § 101 is a threshold legal issue. Pursuant to 35 U.S.C § 101, “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereo ..read more
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The Briefing by the IP Law Blog: The Strength of a Trademark
The IP Law Blog
by Scott Hervey and Josh H. Escovedo
1w ago
Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here ..read more
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Trademark and Copyright Cases to Watch in 2023
The IP Law Blog
by Josh H. Escovedo
1w ago
It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal with the circuit courts, but now the Supreme Court will bring finality to the issues. We’ll start with Andy Warhol Foundation v. Goldsmith. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair u ..read more
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The Briefing by the IP Law Blog: Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’
The IP Law Blog
by Scott Hervey and Josh H. Escovedo
1w ago
An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test. Scott Hervey and Josh Escovedo talk about this case in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode of here. Watch this episode here ..read more
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2023 IP Resolutions Start with a Review of IP Assets
The IP Law Blog
by Scott Hervey
2w ago
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.  Intellectual property is a company asset, just like inventory. No CEO or CFO would think of running a company where they didn’t know the extent of company inventory. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectua ..read more
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The Briefing by the IP Law Blog: Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Dispute
The IP Law Blog
by Scott Hervey and Josh H. Escovedo
3w ago
The Supreme Court granted Jack Daniel’s petition for certiorari and will hear the trademark infringement case involving a parody dog chew toy that resembles the Jack Daniel’s Whiskey Bottle. Scott Hervey and Josh Escovedo discuss this latest development in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here ..read more
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Delaware Judge Seeks to Expose Patent-Litigation Funders
The IP Law Blog
by Jo Dale Carothers
3w ago
Do defendants and the court have the right to ask who is funding a particular patent litigation? Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a request to stop the judge’s inquiry. The issue arose as a result of two standing orders issued by Judge Connolly. The first standing order requires non-governmental companies and corporations to disclose the name of every person all the way up the chain of ownership who has “a direct or indirect interest in the party.”  The second standing order applies when third-party persons or entities are “fun ..read more
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The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
The IP Law Blog
by Scott Hervey and Josh H. Escovedo
1M ago
The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here ..read more
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Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm
The IP Law Blog
by James Kachmar
1M ago
Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google operates a popular search engine that connects users with websites based on search inquiries using proprietary algorithms developed by Google. These algorithms help users find p ..read more
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The Briefing by the IP Law Blog: After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act
The IP Law Blog
by Josh H. Escovedo and Scott Hervey
1M ago
The U.S. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. trademark in a foreign territory. Scott Hervey and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here ..read more
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