Validity of Ford design patents on replacement parts again upheld at the Federal Circuit

Ford v New World International, Appeal No. 2019-1746, June 22, 2020 At the district court level, New World argued that the holding in Best Lock Corp v. ILCO Unican Corp, 94 F.3d 1563 (Fed. Cir. 1996) applied, and that the claimed designs were invalid as “aesthetically functional”.  Ford argued that Best Lock was differentiable from […]

Amazon once again held strictly liable in products liability case

Bolger v. Amazon, Superior Court No. 37-2017-00003009-CU-PL-CTL, August 13, 2020 This time, in connection with its fulfillment of an order for a laptop battery, that subsequently exploded, severely injuring the Plaintiff Bolger.  Recall in Oberdorf v. Amazon, strict liability was found for an eye injury at the hands of a retractable leash, ordered on Amazon. […]

USPTO to raise certain fees 20% or more

With most increases set to take effect October 2, 2020.  FR 46932 USPTO Fee Increase, Table of Patent Fee Adjustments-FY2020 Final Rule The fee for a one month extension of time is increasing by 10% to $220, the fee for an IDS after receipt of a first office action is increasing 8% to $260, and […]

Federal Circuit calls a re-do, and then doubles down on misplaced 112 analysis in AAM v. Neapco

Sigh. On July 31, 2020, the Federal Circuit declined to hear AAM v. Neapco en banc (AAM v. Neapco denial of en banc hearing, but granted a petition for a panel rehearing, which didn’t mean “rehearing” so much as “we’ll add a few lines to our original opinion that actually manage to make things worse.”  […]

PTAB again holds that motivation to combine does not exist when art possesses the benefit, prior to modification

Motivation to combine is not present when benefit alleged to be provided by the combination is already present in the art Ex parte Allen, Appeal No. 2018-008208, July 1, 2020.  Allen’s claims were directed to a method of introducing a cable or plurality of cables into a longitudinally extending conduit using a pliant material having […]

The Commodores have come to the end of their rainbow with former bandmate, Thomas McClary

But at least there’s a pot of gold there.   Commodores v McClary Appeal Nos. 19-10791, 19-12819, July 23, 2020, 11th Circuit Court of Appeals. Thomas McClary and his company (collectively “McClary”) appealed the summary judgment and damages ruling of the district court, as well as denial of his motions to modify the scope of a […]

Shiver me timbers! The Ninth Circuit revives copyright infringement lawsuit against Disney’s Pirates of the Caribbean:Curse of the Black Pearl

Alfred v Disney , Appeal 19-55669, July 22, 2020 Plaintiffs Alfred et al. (“Alfred”) appealed the dismissal of their copyright infringement action against Defendants The Walt Disney Company et al. (“Disney”).  Alfred argued the dismissal was in error given the substantial similarities between their screenplay and the allegedly infringing film.  The 9th Circuit agreed, holding that […]