Federal Circuit Holds Impossible Patent Claims Can Be Definite, But Still Fail Enablement
The appeals court reversed an indefiniteness ruling, clarifying that scientific impossibility goes to enablement, not claim scope.
Practice area · Intellectual Property
Second Circuit Revives Copyright Suit Over XXL's Republication of Viral Michael Jordan Video
The court held that republishing an entire viral clip and using recognizable screenshots can defeat fair-use and de minimis defenses at the pleading stage, though it affirmed dismissal of claims tied to a YouTube-embedded interview.
Fourth Circuit Keeps DMARC Injunction In Place After Abitron
A published Fourth Circuit panel said Abitron changed the Lanham Act analysis but did not spare a Dutch software company from a preliminary injunction in a cross-border trademark and trade secrets fight.
Fourth Circuit Keeps Dmarcian IP Injunction Alive After Abitron
A Fourth Circuit panel said the Supreme Court's Abitron trademark ruling did not undo an injunction against Dutch company DMARC Advisor because the record showed conduct directed at U.S. customers, not just overseas activity with domestic effects.
Strike 3 Gets Early Verizon Subpoena In D.C. Piracy Suit
A D.C. federal magistrate judge said the adult-film copyright plaintiff may seek identifying information for a John Doe internet subscriber tied to alleged BitTorrent infringement.
Fifth Circuit Keeps Dissolved LLC’s Trade Secrets Suit Dead
The Fifth Circuit said a Louisiana LLC that dissolved before suing Vendera and BOKF lacked capacity to bring its trade secrets and contract claims, but sent a sealing order back for a public-access analysis.
DOJ Antitrust Official Backs Strong Patent Remedies In IP Speech
Deputy Assistant Attorney General Dina Kallay said patents, including standard-essential patents, should not be treated as automatic market-power proof and defended injunction access for patent owners.
D.C. Circuit Keeps Trump Name Off Kennedy Center During Appeal
A D.C. Circuit panel refused to pause an order requiring President Donald Trump's name to be removed from Kennedy Center signage, website references and related trademark applications, finding no showing of irreparable harm.
Supreme Court Reverses $1B Cox Copyright Loss
The justices said an internet provider is not contributorily liable for users' infringement merely because it kept providing service after receiving infringement notices.
Supreme Court Rejects Amarin Skinny-Label Patent Suit Against Hikma
The justices unanimously held that Amarin did not plausibly allege Hikma actively encouraged infringement of Vascepa cardiovascular-use patents.