Steep Drop in Discretionary Denials — But Will It Last?
The Patent Trial and Appeal Board (PTAB) may be becoming more petitioner-friendly following a June 2022 memorandum that significantly narrows a precedent-setting...more
The use of third-party trademarks in video games is not a new phenomenon. In fact, conflicts between game developers and trademark owners have existed for almost as long as the medium itself.1 Now, however, as games continue...more
3/20/2020
/ Appeals ,
First Amendment ,
Gaming ,
Mobile Apps ,
Online Gaming ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Rogers Test ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Video Games
Main Quest: Does Your Gaming Stream Violate the Copyright Act?
Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more
11/13/2019
/ Abstract Ideas ,
Affirmative Defenses ,
Appeals ,
Artificial Intelligence ,
Contributory Infringement ,
COPPA ,
Copyright Infringement ,
Copyright Ownership ,
Defense Strategies ,
Derivative Works ,
DMCA ,
False Advertising ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
Games ,
Gaming ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Streaming ,
Loot Boxes ,
Name and Likeness ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Preliminary Injunctions ,
Public Performance Rights ,
Securities and Exchange Commission (SEC) ,
Software Patents ,
The Copyright Act ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Vicarious Liability ,
Video Games
In May 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods reversed more than 25 years of Federal Circuit precedent when it held that for venue purposes a corporation is resident only in its state of incorporation. In...more
In a unanimous decision issued on June 19, 2014, the U.S. Supreme Court found that patent claims for managing risk in a financial transaction were drawn to an abstract idea that was patent-ineligible under 35 U.S.C. § 101....more
6/20/2014
/ Alice Corporation ,
America Invents Act ,
CLS Bank ,
CLS Bank v Alice Corp ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Risk Mitigation ,
SCOTUS ,
USPTO