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Federal Circuit Clarifies Requirements of the Disclosure-Dedication Rule

Recently, the U.S. Court of Appeals for the Federal Circuit decided SanDisk Corporation v. Kingston Technology Co. Inc. 695 F.3d 1348 (2012). The plaintiff-appellant, SanDisk Corporation, appealed from a decision of the United States District Court for the Western District of Wisconsin that granted summary judgment of non-infringement for Kingston Technology Co. pursuant to the disclosure-dedication rule. [...]

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Federal Circuit Affirms TTAB Decision in Collateral Estoppel Case

On December 21, 2012, the U.S. Court of Appeals for the Federal Circuit issued its decision in Stephen Slesinger, Inc. v. Disney Enterprises, Inc., __ F.3d __ (Fed. Cir. 2013).  In the opinion, the Federal Circuit affirmed the U.S. Trademark Trial and Appeal Board’s (“TTAB”) ruling that the appellant’s cancellation action was barred, by collateral estoppel, due [...]

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Federal Circuit Reaffirms Structure Requirements for Means-Plus-Function Claims

On February 13, 2013, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Function Media, L.L.C v. Google Inc., __ F.3d __ (Fed. Cir. 2013). In the decision, written by Judge Reyna, the Federal Circuit affirmed the district court’s invalidation of one of the plaintiff’s patents as indefinite. The court found that [...]

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Google Threatens to Sue Youtube MP3 Conversion Site

Google recently wrote a letter on June 8 to the owner of the website Youtube-MP3.org, stating that it must stop its activities within seven days of Google’s letter.  Youtube-MP3.org is a site devoted to converting Youtube videos to audio MP3s, that is widely popular, accessed by 1.3 million people each day. Google and Youtube argue [...]

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Shape of Hookah Pipe not Protectable with Copyright

The recent case of Inhale v. Starbuzz Tobacco, Inc. held that the shape of a water container to be used in a hookah device is not afforded protection under the Copyright Act.  Inhale made a water container that had a specific design on it – a skull and crossbones, in 2008 and registered it with the [...]

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