May 2017: Copyright Registrations – a Prerequisite to Litigation?
In the case of Fourth Estate Benefit Corp. v. Wall-Street.com LLC, et al., the Court of Appeals for the Eleventh Circuit deepened the split between the circuit courts on the issue of whether a copyright registration must be obtained by a plaintiff before [...]
May 2017: On Sale Bar to Patenting
In the case of Helsinn Healthcare SA v. Teva Pharmacueticals USA, Inc., the Court of Appeals for the Federal Circuit confirmed that the America Invents Act did not change the “on-sale bar” to patenting an invention. The Court confirmed that, as with the [...]
April 2017: Firm News
Weide & Miller issued another 23 U.S. patents in the first quarter of 2017.
Copyrightability of Fashion
The Copyright Act bars copyright protection for “useful items”. Thus, in the case of Star Athletica LLC v. Varsity Brands, Inc., the U.S. Supreme Court ruled that copyright protection would not extend to the shape, cut or dimensions of a cheerleading uniform. However, [...]
March 2017: Laches in Patent Infringement Cases
“Laches” is an equitable defense under the law which a defendant may assert to block a plaintiff from pursing a legal claim when the plaintiff did not bring the claim in a reasonable period of time. In the case of SCA Hygiene Products [...]
January 2017: Firm News
Weide & Miller ended the year as Nevada’s most prolific patent firm by issuing a total of 70 U.S. patents in 2016.
