Court Decisions – Page 2

Federal Circuit Confirms Application of the Pre-AIA on-Sale bar to AIA Patents

Aug 28 2024

On August 12, 2024, the United States Federal Circuit held that the enactment of the America Invents Act did not constitute a foundational change in the on-sale bar provision under 35 U.S.C. § 102(a)(1), finding the sale of products made using a secret process triggers the on-sale bar under pre-AIA precedent.¹ The Court therefore affirmed the International Trade Commission’s invalidation of Celanese’s patents because Celanese sold products made using the patented process more than one year before the effective filing dates.²

Federal Circuit Clarifies Scope of Estoppel Provision and Provides Guidance on “Patentably Distinct” Claims

Jul 30 2024

On 26 July 2024, the Federal Circuit entered its decision in SoftView LLC, v. Apple Inc.¹ holding that patent owner estoppel² applies to newly presented and amended claims, but does not apply to issued claims. The Federal Circuit also confirmed that patent owner estoppel prevents a patent applicant from later obtaining a patent claim that is “not patentably distinct” from a finally refused or cancelled claim, but that patent owner estoppel does not apply to defending issued, unamended claims.

UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts

May 30 2024

Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.

Federal Circuit Relaxes Standard for Design Patent Obviousness Challenges

May 23 2024

On 21 May 2024, the Federal Circuit overturned the Rosen-Durling test used to assess non-obviousness of design patents. In LKQ Corporation v. GM Global Technology Operations LLC, the Court en banc ruled the same conditions for patentability that apply to utility patents apply to design patents, specifically holding the obviousness rationale articulated in KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), will now apply to design patents. LKQ Corp. v. GM Glob. Tech. Operations LLC, No. 2021-2348, 2024 WL 2280728, at 1 (Fed. Cir. May 21, 2024) (en banc).

US Supreme Court Rules No Three-Year Limit for Copyright Damages

May 20 2024

On 9 May 2024, the US Supreme Court (the Court) held that there is no three-year limit on monetary damages for timely filed copyright infringement claims. The 6–3 decision resolves a circuit split, opens the doors to larger potential damages awards for plaintiffs, is likely to lead to increased litigation over older infringements, and leaves open the question of whether the “discovery rule” applies to copyright infringement claims. Warner Chappell Music, Inc. v. Nealy, No. 22-1078, 601 U.S. – (2024).

Federal Circuit Finds Declaratory Judgment Jurisdiction Over Patent Owner Through Amazon APEX Agreement

May 03 2024

On 2 May 2024, the US Court of Appeals for the Federal Circuit (the Federal Circuit) entered its decision in SnapRays, dba SnapPower v. Lighting Defense Group,¹ holding the submission of an Amazon Patent Evaluation Express (APEX) Agreement against infringing third-party product listings is a “purposefully directed extra-judicial patent enforcement activit[y]” subjecting the patent owner to personal jurisdiction in the alleged infringer’s home state.²

A Lidl Decision With Big Implications–Court Of Appeal Edition

Mar 26 2024

The Court of Appeal of England and Wales upheld the previous judgment (see here) that Tesco Clubcard logos infringed Lidl’s trade marks and constituted passing off. Although it found that Tesco did not infringe Lidl’s copyright, it is time for Tesco to rebrand its Clubcard logo.

Artistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy

Mar 19 2024

The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape’s artistic value usually confers substantial value which prohibits trade mark registration under Italian law.

Full Court Parks Trial Judge’s Decision in Carpark Patent Fight

Mar 14 2024

In a recent update to a lengthy battle over car parking technology used by the City of Melbourne, SARB Management Group Pty Ltd (SARB) has scored a partial win over rival company Vehicle Monitoring Systems (VMS) on appeal in Full Court of the Federal Court of Australia.

The Cloudy World of Look-a-Like Products – Aldi Successfully Defends Allegations of Trade Mark Infringement

Feb 06 2024

Recently the High Court of Justice of England and Wales handed down its judgment in a trade mark infringement proceeding between Aldi v Thatcher’s that had been being watched by many.

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