2017 Patent, Copyright & Trademark Legal Updates

Ninth Circuit Won't Hold Giganews Liable for Volitional Copyright Infringement

December 4, 2017 Owners of Internet servers sometimes unknowingly store someone’s copyrighted content. To what extent should storing such content make the server’s owner liable for direct copyright infringement? This question, along with related legal issues, was addressed by the Ninth Circuit Court in Perfect 10, Inc. v. Giganews, Inc.

Children's Book Authors and Publishers Find Victory in Copyright Infringement Case

September 8, 2017. Fair use held not to serve as a defense for the creation of "derivative" children's books subject to copyright.

Supreme Court Strikes Down "Disparagement Clause" of Federal Trademark Law

June 19, 2017. A 2017 decision by the U.S. Supreme Court has found it unconstitutional for the U.S. Patent and Trademark Office to decline to register a trademark simply because it might be disparaging or offensive.

Supreme Court Strikes Down State Law Banning Sex Offenders From Social Media

June 19, 2017. U.S. Supreme Court unanimously strikes down North Carolina law that prohibited convicted sex offenders from using the Internet to access social networking websites.

Supreme Court Says Patent Exhaustion Possible Regardless of Where Product Sold

May 30, 2017. U.S. Supreme Court limits the ability of patent owners to collect revenue from a patented product after its initial sale.

Supreme Court Clarifies Rules on Patent Venue

May 22, 2017. Will this be the end of forum shopping in patent infringement litigation?

Supreme Court Rules That Garment Design Elements Are Copyrightable

May 22, 2017. In Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court opened the door to greater copyright protection for the fashion industry.

Federal Circuit Clarifies On-Sale Bar for Patented Subject Matter in Chemo Drug Case

May 1, 2017. Section 102(b) of the Patent Act limits the ability of inventors to patent inventions that have been on sale in the market.