As discussed earlier on our blog, the Supreme Court granted certiorari in the case of Kimble v. Marvel Ent. Inc., a patent case deciding if its prior decision in Brulotte v. Thys Co., 379 U.S. 29 (1964) should be overruled. This week, the Supreme Court upheld Brulotte in Kimble v. Marvel Ent. Inc., 576 U.S. ___ (2015) in a 6-3 decision involving Spider-man references, the classic doctrine of stare decisis, and a spirited dissent.
Heirs of the estate of Randy Craig Wolfe, aka Randy California, lead guitarist, singer and songwriter for the band Spirit, have filed suit in the U.S. District Court for the Eastern District of Pennsylvania alleging that key portions of Led Zeppelin’s “Stairway To Heaven”, arguably the band’s biggest hit, are actually from the California penned “Taurus”, a song he composed while just 16 years old.
In a 6-2 decision handed down in Commil v. Cisco, the Supreme Court has held that a defendant's good faith belief that a patent is invalid does not serve as a defense to charges of inducing infringement of that patent, overturning the previous U.S. Court of Appeals for the Federal Circuit (CAFC) decision.
Last March, the District Court for the Northern District of California entered a final judgment in the Apple v. Samsung saga, awarding Apple almost $930 Million in damages for Samsung’s infringement of Apple's trade dress, both registered and unregistered, and design and utility patents. After several appeals, the Federal Circuit announced that Apple’s trade dress is functional and remanded to the District Court for entry of final judgment on damages only pertaining to the various patent infringements.
The Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs (Hague Agreement) will go into effect for the United States next Wednesday, May 13, 2015. Under the Geneva Act, it will be possible for U.S. applicants to file a single international design application either with the World Intellectual Property Organization (WIPO) or through the USPTO as an office of indirect filing to obtain protection in a number of countries that are party to the Hague Agreement. In addition, applicants filing international design applications on or after May 13, 2015 will be able to designate the United States for design protection. U.S. design patents resulting from applications filed on or after May 13, 2015 will have a 15 year term from issuance.
Learn more at http://www.uspto.gov/patent/initiatives/hague-agreement-concerning-international-registration-industrial-designs
In a world where people use copious amount of time searching for things online via search engines, curiosity begs to know what are people really searching for when it comes to particular nations. Fixr.com took this curiosity by the horns and investigated deeper. Unsurprisingly, their results revealed that every nation yielded unique results, some as expected and some rather perplexing. For the United States, in particular, the object word “patent” was the most google searched word in 2015 so far.
The USPTO will shortly launch its new fee payment system called the Financial Manager. The Financial Manager is designed to be a seamless online fee payment management system. Accordingly, under the new system, users will be able to virtually manage, store and review payment methods. Additionally, the system will generate and download transaction reports, assign user permits, and provide notifications for administrative matters.
Inter Partes Review (“IPR”) was first made available via the America Invents Act (AIA) on September 16, 2012 as a counterpart to Post Grant Review. Accordingly, IPR is a procedure in which a third party may challenge the validity of patent claims based on existing prior art. Since its enactment, early statistics demonstrate that a staggering 87% success rate for the Petitioners to institute a trial with the Patent & Trial Appeal Board (“PTAB”) against the Patent Owners in the first year and equally favorable 76% success rate in the second year.