On May 20, 2020, a judge in the U.S. Court of Appeals for the Eleventh Circuit vacated the District Court for the Southern District of Florida’s decision in the matter of Compulife Software Inc. v. Newman et al, remanding the case for new findings of fact.
On May 20, 2020, the U.S. Court of Appeals for the Federal Circuit affirmed a U.S. District Court for the Central District of California decision in the matter of McRO, Inc. v. Bandai Namco Games America Inc., in which the district court ruled that Bandai Namco Games America had not infringed upon McRo’s patented video game technologies.
On May 14, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld a decision in the U.S. District Court for the Southern District of Florida that granted defendant ShoppersChoice.com’s Motion for Judgment after finding a patent claim directed to an automated delivery notification system subject matter ineligible.
Combination Litigation on the Rise for Companies Involved in Patent, Copyright, and Trade Secret Disputes
In recent years, “combination litigation,” or disputes that involve multiple overlapping intellectual property claims including patent infringement, trade secret misappropriation, and copyright infringement, have increased as companies determine “exactly what intellectual property is protected and how.”
On May 8, 2020, the U.S. Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision in the matter of In Re: Bernard Jobin, in which the PTAB found that Jobin’s patent “directed to an online collaborative content management system for online product development” was unpatentable due to its abstract nature.
Judge Dismisses Self-Driving Car Trade Secret Misappropriation Dispute Due to Spoliation of Evidence
On May 8, 2020, a judge in the U.S. District Court for the Northern District of California dismissed with prejudice the matter of WeRide Corp.et al v. Kun Huang et al. following the defendant’s spoliation of potential evidence before and after the litigation was filed.
On May 5, 2020, the Seventh Circuit Court of Appeals held that a federal court could hear certain Illinois Biometric Information Privacy Act (BIPA) claims in the matter of Bryant v. Compass Group USA, Inc.
Federal Circuit Rules that Moving Software to the Cloud is an Unpatentable “Predictable Variation” of Prior Art
On May 5, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision by the U.S. Patent Trial and Appeal Board (PTAB), finding in the matter of Uber Technologies, Inc. v. X One, Inc. that “claims directed to software executed on a server are obvious in view of prior art that taught performing the same method on a local device.”
On May 4, 2020, the European Data Protection Board (EDPB) published revised guidelines on consent regulation regarding websites cookie usage and the processing of user’s personal data.
On May 4, 2020, the Supreme Court of the United States (SCOTUS) heard oral arguments for the United States Patent and Trademark Office et al., Petitioners v. Booking.com B.V. trademark dispute via a livestream teleconference for the first time, due to the COVID-19 pandemic.
On April 30, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the U.S. District Court for the Northern District of California’s decision to grant LG’s motion to dismiss in the patent dispute between Uniloc USA, Inc. and LG Electronics USA, Inc.
On April 30, 2020, a judge in the U.S. Court of Appeals for the Third Circuit affirmed a ruling in the matter of Advanced Fluid Systems., Inc. v. Huber et al, in which the U.S. District Court for the Middle District of Pennsylvania ruled that the defendants misappropriated trade secrets related to a hydraulic fluid system rocket project.