Currently pending before the U.S. Supreme Court are three petitions for certiorari dealing with the “written description” requirement in the Patent Act, 35 U.S.C. §112. While each petition presents a distinct question…
Month: August 2022
NJ Supreme Court Abolishes “New Business Rule”
Since 1936, New Jersey has followed the “new business rule,” which bars claims for lost profits by new businesses on the ground that no such claim can be proven with reasonable certainty. …
CAFC Panel Rules that AI Created “Inventions” Are Not Patentable
Are inventions created by artificial intelligence or AI patentable? That was the question addressed by the Federal Circuit in the matter of Thaler v. Vidal, No. 21-2347 (CAFC August 5, 2022). The…
CAFC Considers Whether PTAB May Raise Invalidity Arguments
The Federal Circuit is reviewing whether the PTAB may, sua sponte, raise the issue of validity of a patent where the patent owner files a motion to amend the claims and the petitioner actively and formally opposes the motion.
Liberty Tax Services Alleges Infringement, Disparagement In ‘Better Call Saul’
Liberty Tax Service filed a complaint in the SDNY on August 1, 2022 accusing AMC Networks and Sony Pictures Television of trademark infringement and defamation, alleging they disparaged the chain in the…
Gibson Awarded Permanent Injunction on its “Flying V” Guitar Design Trademark
The Gibson Flying V is an iconic electric guitar first introduced by Gibson Guitar Corp. (now Gibson Brands, Inc.) in 1958 and used by many prominent players, including, on occasion, the legendary…
Supreme Court Asked to Review On-Sale Bar Ruling by Federal Circuit
Does a price quote constitute an offer of sale, thereby invoking the on-sale bar of Section 102 of the patent statute? That is the question presented in a petition filed with the…