MONTHLY INSIGHTS

With Billions of Dollars On the Line, The Supreme Court Will Weigh in On Oracle v. Google Copyright Java Case

The Supreme Court recently granted a writ of certiorari to rule on the nearly decade long fight between Google and Oracle regarding the copyright infringement lawsuit centered on Google's Android operating system being built on stolen code from the Java software platform. Google calls the case "the copyright case of the decade."
Trademark Infringement Findings in ITC Investigations Without Actual Confusion or Consumer Survey Evidence
 
A trademark owner can win a trademark infringement case in the U.S. even when the trademark owner does not present consumer survey evidence or any evidence showing that consumers were actually confused as to the source of goods/services by a competitor's infringing trademark.
USPTO's Administrative Patent Judges Not Constitutionally Appointed

The U.S. Court of Appeals for Federal Circuit recently decided that Administrative Patent Judges ("APJ") who hear and decide appeals to the Patent Trial and Appeal Board ("PTAB"), and who also hear and decide all post-grant proceedings including Inter Parte Review and Post-Grant Review cases, were not constitutionally appointed. The Arthrex, Inc. v. Smith & Nephew, Inc. decision has created turmoil and confusion about the status of the many cases pending in the PTAB, and many more cases already decided.

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