Academy of Motion Picture Arts and Sciences sues Oscarwatch.com for trademark infringement The Academy of Motion Picture Arts and Sciences (AMPAS) has sued the operator of the website oscarwatch.com for trademark infringement based on the use of "Oscar" in the website's address. AMPAS holds several federal trademark registrations for "Oscar" for various goods and services, such as "telecasts in connection with recognition of distinguished achievement in the […] Continue Reading →
USPTO issues memo detailing preliminary obviousness instructions in light of KSR As reported on Patently-O, the USPTO has issued a memo to the technology center directors regarding examination of applications in light of KSR. The good news is that the USPTO seems to have taken to heart the statement in the KSR opinion that "[t]o facilitate review, [the obviousness] analysis should be explicit." More details after […] Continue Reading →
Federal Circuit cites KSR, but not for the new obviousness standard In a nonprecedential opinion released today, the Federal Circuit cited the Supreme Court's Monday decision in KSR for the first time. Unfortunately for inventors and practitioners looking for guidance under the new standard for obviousness laid out in KSR, the reference had nothing to do with the obviousness standard, just that obviousness is a question […] Continue Reading →
Federal Circuit issues short opinion on claim construction, even shorter mention of claim vitiation The Federal Circuit today issued a brief, five-page opinion regarding claim construction and infringement issues relating to a patent on insulated shipping containers. The court affirmed the lower court's claim construction and, as a result, affirmed the summary judgment of noninfringement. The court also dispensed with the doctrine of equivalents in a single sentence, making […] Continue Reading →
Ninth Circuit defines differences between derivative and collective works Yesterday, the Ninth Circuit decided a copyright case dealing with the differences between derivative and collective works. The defendant took photographs which were licensed to it individually by the plaintiff and, after the term of its license had expired, modified the photographs and integrated them into "collage" advertisements. The court held that these advertisements were […] Continue Reading →
Roundup of media coverage of KSR and Microsoft Below is a sampling of various media reports regarding yesterday's two Supreme Court patent decisions, KSR Int'l Co. v. Teleflex, Inc. and Microsoft Corp. v. AT&T Corp.: "Court douses patent wildfire" (Chicago Tribune) "Ruling toughens patent process" (USA Today) "Patent protections tempered by Supreme Court rulings" (Los Angeles Times) "High court puts limits on patents" […] Continue Reading →