January 2018: Firm News
Weide & Miller issued 87 patents in 2017, leading Nevada-based firms.
December 2017: Immoral or Scandalous Trademarks
In the case of In re Brunetti, a panel of the Court of Appeals for the Federal Circuit reversed a finding of the Trademark Trial and Appeal Board, the panel determining the Lanham Act (trademark law) prohibition against registering immoral or scandalous trademarks [...]
December 2017: Multiple Actor Direct Infringement
A long-accepted rule in U.S. patent law was that to find direct infringement of a method claim, performance of all claimed steps must be attributable to a single entity. Under prior case law, the actions of a third party could only be attributed [...]
May 2017: Location of Patent Infringement Suits
In accordance with 28 U.S.C. § 1400, a patent infringement suit may only be brought in a jurisdiction where the defendant resides or where the defendant has committed acts of infringement and has a regular and established place of business. For over two [...]
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.