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
Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third parties. Until recently, the Ninth Circuit had not decided whether to extend the protections of section 230 immunity to a website domain registrar such as GoDaddy.com. On February 3, 2023, in the case Rigsby v. GoDaddy, Inc., the Ninth Circuit affirmed the dismissal of rather sympathetic claims against GoDaddy and found that section 230 immunity would apply to plaintiffs’ claims.
Continue Reading GoDaddy Obtains Section 230 Immunity Despite Plaintiffs’ “Sympathetic” Claims
The Supreme Court will bring finality to several IP disputes this year. Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog.
Continue Reading The Briefing by the IP Law Blog: Trademark and Copyright Cases to Watch in 2023
Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).
Continue Reading Obviousness Test for Design Patents Unchanged