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Patent application for travel planning device rejected as ineligible subject matter. IN RE: BONGIORNO

An inventor must meet many requirements to get a patent on an invention. The patent application must demonstrate several different things, including novelty, non-obviousness, written description, and enablement. But a fundamental requirement is the invention must be eligible subject matter for a patent. If the subject matter of an invention is not eligible for a patent, the…

Caffeinated beverage companies battle over RISE trademark. RISE BREWING v. PEPSICO

A trademark can be registered with the United States Patent and Trademark Office to strengthen the rights associated with a trademark, however registration is not required to begin using a trademark to brand products. Obtaining a right to a trademark law in the United States is based on using the trademark in commerce. The first…

Data breach at video game developer exposes possible copyright infringement. JURACEK v. CAPCOM

Copyright is a legal protection given to creators of works. Creators may be painters, sculptors, photographers, musicians, authors or a member of one of the many other creative occupations. Copyright allows creators to prevent other people from copying their works. Frequently creators are inspired by the works of other creators. When a creator is inspired…

Indefinite “means for” patent claim survives summary judgement because Defendant offered no expert testimony. SPEX v. WESTERN DIGITAL

A patent is a set of exclusive rights granted to an inventor for an invention. The public policy for granting patents is to encourage the sharing of knowledge. Inventors that are granted a patent are rewarded for sharing their knowledge, with a monopoly on the invention for a limited period of time. A patent is…

Trade dress registration on carbon fiber rifle barrel canceled because it is functional. MCGOWEN v. PROOF RESEARCH

Trade dress constitutes a "symbol" or "device" within the meaning of §2 of the Trademark Act, 15 U.S.C. §1052. Trade dress originally included only the packaging or "dressing" of a product, but in recent years has been expanded to encompass the design of a product. It is usually defined as the "total image and overall…

How many issues can you spot in this copyright infringement case? ONKEN v. HEARST

United States copyright law uses the phrase, original works of authorship, to describe what is protected by copyright law. This phrase is given an expansive meaning which covers creative works other than books. Music, movies, photographs and computer software are all considered works of authorship. When one of these works is created, the creator is granted…

Tele-medicine patent for creating pharmaceuticals deemed obvious. BECTON v. BAXTER

Once a patent is granted, the patent is not immune from review. If a member of the public discovers prior art which would anticipate (35 U.S.C. §102) or render a patented invention obvious (35 U.S.C. §103), that member of the public can request an inter partes review (IPR). IPR is a trial proceeding conducted at…

Trademark for concealed carry opposed by soda manufacturer. COCA-COLA v. HOFF

A trademark is something on a product which indicates to consumers the identity of the manufacturer. A trademark can be registered with the United States Patent and Trademark Office to strengthen the rights associated with the trademark, but registration of a trademark is not necessary for a trademark owner to gain some rights to the…