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Federal Circuit - On October 3, 2019, the U.S. Court of Appeals for the Federal Circuit decided American Axle & Manufacturing, Inc. v. Neapco Holdings LLC. The Federal Circuit held U.S. Patent No. 7,774,911, a method of manufacturing patent, invalid under 35 U.S.C § 101…
Supreme Court - On November 15, 2019, the U.S. Supreme Court granted certiorari in Google LLC v. Oracle America, Inc. The questions before the Supreme Court are whether: (1) copyright protection extends to a software interface, and (2) Google’s use of a software interface in the context of creating a new computer program constitutes fair use…
Supreme Court - On November 8, 2019, the U.S. Supreme Court granted certiorari in United States Patent and Trademark Office v. Booking.com. The questions before the Supreme Court is whether an online business can create a protectable trademark by adding a generic top-level domain (e.g. “.com”) to an otherwise generic term…
Supreme Court - On December 3, 2019, the U.S. Supreme Court unanimously decided Peter v. NantKwest, Inc., holding the term “expenses” in the phrase “[a]ll the expenses of the proceedings shall be paid by the applicant” in § 145 of the Patent Act (35 U.S.C.) did not allow the U.S. Patent and Trademark Office to recover attorneys’ fees associated with defending the agency in § 145 litigation…
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