Apple’s Major Products Do Not Infringe Patents By Joseph M. Hallman On August 14, 2023, in One-E-Way, Inc. v. Apple Inc., the Court of Appeals for the Federal Circuit (“Federal Circuit”), in a nonprecedential opinion, affirmed a decision by the Central District of California holding that several popular products sold by tech giant Apple do not infringe U.S. Patent Nos. 10,129,627 (“the ‘627 patent”) or 10,468,047 […] Continue Reading →
Recent Surge in Chinese “Non-Use” Cancellation Proceedings By Christine Lebron-Dykeman In the past several years the total number of new trademark filings in China has exploded—with about nine million filings now made per year. An unfortunate consequence of this upsurge in filings is that non-use cancellation actions have become a normal strategy for trademark applicants who have received provisional refusals based on earlier registered marks. […] Continue Reading →
Most People Are DJs: When Being an Attorney Feels Like a Curse By Nicholas J. Krob As I was getting a haircut last week, I had a revelation: being an intellectual property attorney can be annoying. Most people can enter an establishment and go about their business while enjoying the background music inevitably being played. Me? Not so much. As my barber and I discussed one of our favorite bands (the […] Continue Reading →
In Memoriam – Bruce W. McKee By Luke T. Mohrhauser We are deeply saddened by the passing of a great friend and partner. Bruce was born on May 3, 1934, and grew up on a farm in Poweshiek County in Iowa. He graduated from Iowa State University in 1956 with a Bachelor’s Degree in General Engineering. After graduation, although recruited as an engineer by some […] Continue Reading →
Unraveling EPA’s New Gene Edited Plant Rules – Effective July 31, 2023 By Cassie J. Edgar Today, the EPA’s new gene editing rules go into effect, with noteworthy implications for the use of biotechnology in agriculture. This finalizes draft rulemaking that was proposed back in 2020, and these new rules clarify the broad scope of the agency’s jurisdiction over gene-edited crops, specifically those defined as plant-incorporated protectants (PIPs) under 40 CFR […] Continue Reading →
No longer a little blue bird, what will IP look like for Twitter’s new “X”? By Ashley E. Holland Recently Twitter announced that they are attempting to rebrand into “X”. When businesses are rebranding, there can be significant implications on intellectual property rights and certain considerations one should consider such as a trademark search, trademark registration, and copyrights. Trademarks and copyrights can cover single letters, like “X”. A trademark is used to distinguish and […] Continue Reading →
Taco Tuesday is for Everyone! By Julie L. Spieker Taco John’s has surrendered its Taco Tuesday trademark. As we reported in May, Taco Bell filed a petition with the US Patent and Trademark Office (USPTO) to cancel a trademark for Taco Tuesday that rival chain Taco John’s had held since 1989. Along with the petition, Taco Bell launched a nationwide public relations campaign for […] Continue Reading →
Ninth Circuit Sides with Instagram in Case Involving Copyright of Photographers’ Works By Sarah M.D. Luth In a 2-1 decision, the Ninth Circuit Court of Appeals affirmed the “server rule” which holds that websites embedding a copyrighted work do not violate the exclusive right to display that content under copyright law (17 U.S.C. § 106(5)) because they do not store or “fix” the copyrighted work in any “tangible medium of expression.” […] Continue Reading →
The Patented Processes for Coffee Decaffeination By Brian D. Keppler, Ph.D. While many of us are unable to function without the caffeine in our morning cup of coffee, not everyone can tolerate its stimulating effects. Thus, decaffeinated coffee is a blessing for those who crave the flavor but seek to limit their caffeine intake. Ludwig Roselius, a German coffee merchant, is credited with inventing the first […] Continue Reading →
Bill Introduced in Congress to Fix Patent Eligibility Mess By Kirk M. Hartung Last week, Senators Chris Coons (D-DE) and Thom Tillis (R- NC), both long time members of the intellectual property subcommittee, introduced a bill entitled “Patent Eligibility Restoration Act of 2023.” This bill, if enacted, would eliminate the historical judicially created exceptions to patent eligibility. The law on patent eligibility has been in disarray for at […] Continue Reading →