Intellectual Property Litigation

It’s not surprising to hear talk of flowers in February, but it is unusual when that discussion is in a Federal Circuit opinion.  This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use.

Continue Reading Does Displaying a Flowering Plant Preclude Patenting It?

The recent Reilly v. Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog.
Continue Reading The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. 
Continue Reading 2023 IP Resolutions Start with a Review of IP Assets

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog.

Continue Reading The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick