NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. ALSTON
Before the United States Supreme Court; Opinion by Justice Gorsuch; Concurring Opinion by Justice Kavanaugh; On writs of certiorari to the United States Court of Appeals for the Ninth Circuit.
Summary: NCAA’s restrictions on education-related benefits to student-athletes do not pass antitrust scrutiny; the compensation restrictions were properly subjected to a “rule of reason” analysis.
U.S. v. Arthrex, Inc.
Before the United States Supreme Court. Majority opinion by Chief Justice Roberts. On writ of certiorari to the United States Court of Appeals for the Federal Circuit.
Summary: A statute preventing the PTO Director from reviewing IPR decisions caused these decisions to violate the Constitution, but allowing such review by the Director remedied that violation.
While the “right to be forgotten” is part of European law, it is at odds with U.S. precedent. See, e.g., Garcia v. Google, Inc., 786 F.3d 733, 745-46 (9th Cir. 2015). A Georgia law allowing the father of a deceased rape victim to sue a television station for publicizing the victim’s name unconstitutionally violated the First Amendment. Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975). And in 2004, the California Supreme Court cleared corporations of any wrongdoing when publishing any information from official public records. Gates v. Discovery Communications, Inc., 34 Cal. 4th 679, 685 (2004). In the United States, the First Amendment wins.
An apparatus claim reciting a digital camera with conventional components is patent ineligible as directed to the abstract idea of using a digital camera to take two pictures and enhance one picture with the other picture.
The Federal Circuit lacks subject matter jurisdiction over a standalone Walker Process antitrust claim concerning an unenforceable patent because such a cause of action does not inherently present a substantial issue of patent law.
On June 3, 2021, Conformis continued its patent enforcement efforts involving patient-specific technologies by filing suit against Bodyhub and Exactech in the Middle District of Florida.
The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see The World is Yours by Nas), stating the configuration failed to attain acquired distinctiveness under Section 2(f) of the Trademark Act. In re TBL Licensing LLC, Serial No. 86634819 (TTAB April 2, 2021).
Although product designs may not be inherently distinctive, a product design that provides no real utilitarian advantages to the user, but is one of many equally feasible, efficient and competitive designs, may be registrable upon a showing of acquired distinctiveness pursuant to Section 2(f) of the Trademark Act.” Id. at 6.
HYATT v. HIRSHFELD
Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia.
Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent applications claiming priority to applications more than six years old.
BIO-RAD LABORATORIES, INC. v. ITC
Before Newman, Lourie, and Dyk. Appeal from the ITC.
Summary: Patentees cannot escape the bounds of their claims by promoting oversimplified characterizations of those claims.
BECTON, DICKINSON AND COMPANY v. BAXTER CORPORATION ENGLEWOOD
Before Prost, Clevenger, and Dyk. Appeal from the Patent Trial and Appeal Board.
Summary: A patent that has issued and subsequently been canceled may be cited as a reference in an IPR.
