Intellectual Property

Dennis Crouch In a newly filed petition for certiorari, DISH Network has asked the Supreme Court to resolve two important questions about attorney fee awards in patent cases: whether district courts […]

by Dennis Crouch In an important opinion exploring the relationship between patent validity and after-arising technology, the Federal Circuit has reversed a district court’s invalidation of a […]

by Dennis Crouch I have a cute chart below – a cumulative frequency diagram showing how long patent applicants take to respond to non-final office actions. To continue reading, become a Patently-O […]

by Dennis Crouch The Federal Circuit has affirmed the Trademark Trial and Appeal Board (TTAB) cancellation of CeramTec’s trademark registrations for the pink color of its ceramic hip implants, and […]

by Dennis Crouch The Patent Term Adjustment (PTA) statute was designed to ensure patent terms aren’t unfairly shortened by USPTO delays during prosecution. 35 U.S.C. § 154(b). The basic framework […]

by Dennis Crouch In a recent non-precedential decision, the Federal Circuit provided an interesting analysis on how to evaluate evidence both supporting and undermining motivation to combine […]

by Dennis Crouch Let me peel back the layers of this slippery copyright dispute that has the art world going bananas. In Morford v. Cattelan, No. 23-12263 (11th Cir. 2024), the Eleventh Circuit […]

by Dennis Crouch A fascinating cert petition filed last week (Peterson v. Minerva Surgical) uses Minerva’s patents in an innovative way — attempting to use the company’s patent filings as […]

In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP […]

by Dennis Crouch Yesterday, the Federal Circuit issued a divided opinion in Honeywell International Inc. v. 3G Licensing, S.A., No. 2023-1354 (Fed. Cir. Jan. 2, 2025), highlighting key disagreements […]

by Dennis Crouch The Supreme Court will soon be asked to weigh in on the the skinny-label debate — particularly the question of how much a generic drug manufacturers can say about their products […]

The UK government has published its latest consultation on AI and copyright. This will explore several aspects of AI and copyright and is likely to become a highly contentious issue in the coming […]

While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues […]

Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore […]

In a November 6, 2024 opinion in Certain Computing Devices Utilizing Indexed Search Systems and Components Thereof, the U.S. International Trade Commission (“ITC”) held that statements, […]

Earlier this year, as we discussed here, here, and here, the United States Patent and Trademark Office (USPTO or Office) proposed a number of sweeping changes to the Office’s patent fees, including […]

Can an influencer sue another for having a similar aesthetic? Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing. Watch […]

I’m on holiday, so I’m not likely to be writing much until next year unless there’s a big development. I’ve been hearing good things about OpenAI’s latest model, so I asked it to write a […]

Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland […]

Weintraub Tobin is pleased to announce that its acclaimed entertainment, media, and intellectual property podcast series The Briefing has reached 200 episodes. Set to air on November 27, 2024, the […]

On October 30 2024, the District Court of Amsterdam decided on a very interesting case about copyright infringement of RSS feeds, and I believe that some of the legal issues involved could prove to […]

Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler as they dive into the world of intellectual property and recipes. Can chefs own their culinary creations? Can […]

Legal minds meet entertainment headlines in the milestone 200th episode of ‘The Briefing’ – the acclaimed Entertainment, Media, and IP law podcast hosted by Weintraub Tobin’s Scott Hervey. […]

Did Netflix push the boundaries of “based on a true story”? Scott Hervey and Jamie Lincenberg discuss Harvey v. Netflix, the risks of docudramas, and explain how truth and fiction collide in […]

We are in the midst of a substantial technological revolution embodied by artificial intelligence, and whilst the technology is frequently overhyped, there is little doubt that it will continue to […]

For the first time, the U.S. International Trade Commission (“ITC”) has set forth and applied its legal standard for a theft or conversion claim in a Section 337 of the Tariff Act of 1930 […]

The 90s hip-hop group 2 Live Crew won big in their copyright case against Lil’ Joe Records. Scott Hervey and Jamie Lincenberg break down copyright termination rights, bankruptcy, and what it […]

For 30 years many third-party agents who buy or sell goods in Great Britain on the behalf of another (their principal) as opposed to in the agent’s own name have qualified for protection under the […]

On the 20th of October 2024, this blog turned 20 years old. I’ve been both dreading and looking forward to this milestone. On the one hand, this is probably one of the longest single projects […]

Mandatory deference to an agency’s rulemaking may be gone, and numerous commentators fear that the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo will drastically alter the […]

In an eagerly anticipated judgment dated 27 September 2024 (case number 310 O 227/23) the Hamburg District Court dismissed the complaint by photographer Robert Kneschke asserting claims for copyright […]

Copyright AI nerds have been eagerly awaiting a decision in the German case of Kneschke v LAION (previous blog post about the case here), and yesterday we got a ruling (text of the decision in German […]

When a patent application is allowed, the claims may not precisely cover everything that the applicant wants to protect. Rather than add new claims after a notice of allowance and prolong […]

This is the third post in a series about the Copyright Wars (previous posts here and here), which I’ve written given the growing interest regarding copyright prompted by the rise of generative AI. […]

Globally, governments are grappling with the emergence of artificial intelligence (“AI”). AI technologies introduce exciting new opportunities but also bring challenges for regulators and […]

In a previous post we provided the background of what some call the Copyright Wars, delineating the sides and the parties. While legal conflicts about copyright have been raging since its inception, […]

As noted in Part I of this series, patent litigation can be a mechanism for parties to spar and evaluate patent rights, as well as each other, prior to making the business agreements that settle such […]

A few paralympic champions were disqualified in the past on the ground that the famous Olympic rings they had tattooed on their bodies could be seen during the competitions and this was forbidden […]