Sarah FackrellIt's design week in Copyright!
Today: Mazer through Star Athletica
Wednesday: A design patent interlude, using our (free) "One Day on Designs" supplement https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3890945
Get excited: Our 2024-2025 (free) patent casebook supplement is here! https://patentlawcasebook.com/
Featuring, among other things, an all-new edit of #LKQvGM:
Counterfeit rhetoric, utility patent personal jurisdiction edition:
https://patentlyo.com/patent/2024/07/jurisdiction-undermines-counterfeiting.html
(For more on why patent infringement is not the same as counterfeiting, see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909)
"[T]he Committee recommends that the Judicial Council impose a renewed sanction suspending Judge Newman from hearing cases at the panel or en banc level for an additional year...."
https://cafc.uscourts.gov/release-of-materials-in-judicial-investigation-3/
Release of Materials in Judicial Investigation - U.S. Court of Appeals for the Federal Circuit
Pursuant to Judge Newman’s request under Rule 23(b)(7) and pursuant to Rule 23(b)(8), the materials below are being released. Prior documents in this matter can be found on the court’s website. Neither the Judicial Council, Special Committee, nor the court are providing any additional statements at this time.
Patently-O has a post today about patents for animated screen designs: https://patentlyo.com/patent/2024/07/animated-gui-design-patents.html
Professor Crouch mentions the subject matter issue, which we discuss here: https://www.regulations.gov/comment/PTO-C-2020-0068-0009
These types of claims often have originality issues:
If you are a member of the patent bar: How long did it take for you to study/prepare to take the exam? How much time time lapsed between the date you applied (or decided to apply) and the date you took the exam?
Are you a law student or attorney who is interested in joining the design patent bar? If you haven't applied yet, why not?
Listening to an on-demand CLE about the EU Unitary Patent System.
They mentioned that not all of the member states signed on, so of course I was curious about why.
Per the Kluwer Patent Blog, Spain is out because of language issues (i.e. you can't file in español). Okay.
They also say that Poland didn't join "out of concern it would harm its economy." What kind of concerns? Does anyone know more about this?
Law360: "Judge Taranto said he's typically 'disappointed' with the [amicus] briefs submitted to the court, and urged the attorneys in the room to do better. 'It's very rare we get amicus briefs that say something beyond what the parties say,' he said. 'Most amicus briefs make broad, unsupported general assertions about things for which we aren't given independent basis to evaluate the truth of the assertions.'"
https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085
Keep It Short, And Other Advice From Fed. Circ. Judges - Law360
Six Federal Circuit judges counseled a packed room of attorneys on Tuesday about the most common ways to ruin their own cases, such as talking too much at oral argument, adding additional citations and attacking judges or opposing counsel.
Law360: "U.S. Circuit Judge Richard Taranto told the room that the Federal Circuit currently has a backlog, which means oral arguments and opinions are being delayed." https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085
Keep It Short, And Other Advice From Fed. Circ. Judges - Law360
Six Federal Circuit judges counseled a packed room of attorneys on Tuesday about the most common ways to ruin their own cases, such as talking too much at oral argument, adding additional citations and attacking judges or opposing counsel.