In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases.  In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work. Continue Reading The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

There are many requirements for obtaining a patent.  One of those is the written description requirement.  Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing.  If the written description requirement is not met, the patent won’t be granted.  If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.  Recently, in Juno Therapeutics, Inc. v. Kite Pharma, Inc., 2021 U.S. App. LexIs 25706 (Fed. Cir. 2021), a damage award of $1.2 billion for patent infringement was reversed for just this reason. Continue Reading Written Description Remains Critical to Patents

In this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store. Continue Reading Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit