INBLF St. Louis member John M. Reeves was featured in Law360,"There is no question that a president may prospectively nominate, and that the Senate may prospectively confirm, Judge Jackson to the court ahead of Justice Breyer's announced retirement. But the president cannot prospectively appoint Judge Jackson to the court prior to
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Author: Dylan HaversackPublished: June 23, 2021This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While
Read MoreAuthor: Jennifer B. MaiselPublished: June 7, 2021In Van Buren v. United States, the Supreme Court resolved a circuit split as to whether a provision of the Computer Fraud and Abuse Act (CFAA) applies only to those who obtain information to which their computer access does not extend, or more broadly to also
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Author: Rackham H. KarlssonPublished: April 29th, 2021Tech companies take notice: The copyrightability of software application programming interfaces — or APIs — is on shaky constitutional ground. Click here to view entire blog article on Massachusetts Lawyers Weekly.
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Author: Jeannette Maurer CarmadellaPublished: July 27, 2020The colossal trademark fumble of the Washington Redskins in failing to plan ahead for the need to change the team name has lessons for anyone contemplating a rebranding. The PTO’s “intent to use” application option process and other strategic preparation can avoid the vulnerable trademark
Read MoreAuthor: Jeannette Maurer CarmadellaPublished: July 17, 2020In a highly anticipated ruling, the Supreme Court has held, 8-1, that the online hotel reservation company, Booking.com, is entitled to federal trademark registration for its company name. According to the Court, the combination of “.com” with a generic and otherwise unregistrable term creates a federally
Read MoreAuthor: Grant LukasPublished: September 10th, 2020Grant Lukas of Rothwell, Figg, Ernst & Manbeck, P.C. explores the contentions argued by four major technology companies – Apple, Cisco, Google, and Intel – brought in a suit against the United States Patent and Trademark Office (“USPTO”). In both Apple Inc. v. Fintiv, Inc., and NHK Spring
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Author: Lutzker & LutzkerPublished: May 19, 2020On May 4, 2020, for the first time in history, the Supreme Court heard oral arguments through a telephone conference call in United States Patent and Trademark Office v. Booking.com B.V. The Court considered whether the online hotel reservation company, Booking.com, is entitled to
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