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IP Alert | Design Patent Infringement – Federal Circuit Clarifies the Definition of Comparison Prior Art and Continues to Allow Infringer’s Logos to Play a Role

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By Sean Jungels The Federal Circuit’s much-anticipated opinion in Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., vacated the jury verdict that Seirus did not infringe Columbia’s design patent for a “Heat Reflective Material,” and remanded to the district court. Notably, the Federal Circuit’s decision here marks another signal that a design patent’s…

The Protection of Digital Goods: Robert Katz Presents at FICPI Open Forum Meeting

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Banner Witcoff’s Robert Katz will moderate and speak during a discussion on how to best protect digital goods through strategic use of IP rights on Friday, October 6, at the FICPI Open Forum Meeting in London. Robert and his co-speakers will focus on the best practices of using design and trademark strategies to protect digital…

Darrell Mottley Speaks at AI/ET Partnership Series: AI Tools and Data

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Shareholder Darrell Mottley will be part of a panel during the fourth session of The Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. This event will be hosted both virtually and at the United States Patent and Trademark Office (USPTO) on Wednesday, September 27. The presenters will explore various intellectual property policy issues regarding…

Abitron Austria GmbH v. Hetronic International, Inc.: Rich Stockton Presents at Chicago-Kent College of Law’s 2023 Supreme Court IP Review

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Rich Stockton will participate as a panelist at Chicago-Kent College of Law’s 2023 Supreme Court IP Review on Friday, September 29. Alongside his co-presenters, Rich will review the Supreme Court decision in Abitron Austria GmbH v. Hetronic International, Inc. In Abitron, the Supreme Court ruled that the Lanham Act did not rebut a judicial presumption…

AI Inventorship, Everything is Obvious? – Scott Kelly Joins Panel at IP-Con 2023

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Shareholder Scott Kelly will participate in a panel on artificial intelligence and inventorship at the 2023 IP-Con, hosted by The McCarthy Institute at the Sandra Day O’Connor College of Law in Redwood Shores, California. Current cases hold that only natural persons can be named as inventors. But is material created by an AI ever “inventive”? …

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings

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By Zachary Getzelman and Camille Sauer In this installment of the PTAB Highlights, Banner Witcoff examines recent decisions at the PTAB featuring: the duty of candor, timeliness of IPR petitions, discretionary denials and more! A day late and a duty violated. Google LLC v. Parus Holdings, Inc., IPR2022-00805, Paper 26 (Sep. 5, 2023) (Boucher, joined…
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