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Yearly Archives: 2020

February 25, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

American Axle & Manufacturing, Inc. v. Neapco Holdings LLC ”“ Mechanical patents may be invalid under 35 U.S.C. § 101

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...

February 25, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

Google LLC v. Oracle America, Inc. ”“ U.S. copyright protection for software interfaces

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...

February 25, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

United States Patent and Trademark Office v. Booking.com ”“ Obtaining a U.S. federal trademark registration for domain names

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...

February 25, 2020 | By S&H
Posted in: S&H IP Blog | U.S. Supreme Court

Peter v. NantKwest, Inc. ”“ USPTO cannot recover attorney”™s fees under 35 U.S.C. § 145 judicial review

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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