August/September 2024 Cantor Colburn IP Newsletter
Creativity doesn’t have to be fancy: “Run-of-the-mill” certificate qualifies for copyright protection
Copyright protection applies only to original works — but you might be surprised at just how low the bar for originality is under federal copyright law. This article reviews a case involving an auto dealer’s loyalty certificate in which the court found that even “the dull and workaday” can qualify for protection. A short sidebar covers a different case involving an auto dealer’s customer intake form in which the court concluded that the form lacked the necessary originality.
Premier Dealer Servs. Inc. v. Allegiance Admr’s LLC, No. 23-3394 (6th Cir. Feb. 26, 2024).
Ragan v. Berkshire Hathaway Automotive, Inc., No. 22-3355 (8th Cir. Feb. 2, 2024).
Filing delay costs trademark holder infringement damages
A federal appellate court recently upheld a lower court’s finding of trademark infringement. So far, so good for the trademark holder. But that wasn’t the end of the story. The court also ruled that the holder’s delay in pursuing its infringement claim barred it from recovering disgorgement damages. This article summarizes the consequences of a plaintiff dragging its feet when it came to asserting its trademark.
Rolex Watch USA, Inc. v. BeckerTime, LLC, No. 22-10866 (5th Cir. March 21, 2024).
When (and whether) contradictory claim language invalidates a patent
“Indefinite” patent language can invalidate a patent, leaving it unenforceable and creating a cascade of negative consequences for a company or individual relying on its protections. The U.S. Court of Appeals for the Federal Circuit, the court that hears all patent-related appeals, has shed some light on how contradictory language can affect the indefiniteness analysis. This article reminds practitioners that contradictory claim language can invalidate a patent, so careful crafting is essential.
Maxell, Ltd. v. Amperex Technology Ltd., No. 23-1194 (Fed. Cir. March 6, 2024).
Do operating manuals qualify as “printed publications” under patent law?
It’s well established that existing patents can render an invention unpatentable for obviousness. But patents aren’t the only kind of “prior art” that can undermine patentability. This article discusses how other printed publications — including operating manuals prepared for customers — also might invalidate an invention’s patent.
Weber, Inc. v. Provisur Techs., Inc., Nos. 22-1751, -1813 (Fed. Cir. Feb. 8, 2024).
