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Other Barks & Bites for Friday, February 18: Georgia Supreme Court Affirms Dismissal of Keyword Theft Claims, Eleventh Circuit Reverses Trade Secret Claim Dismissal and EUIPO Reports 200,000 Trademark Applications Filed in 2021

IP Watchdog

This week in Other Barks & Bites: the Fifth Circuit affirmed Texas A&M’s sovereign immunity win over “12th Man” copyright claims; the EUIPO reported that 2021 ended with more than 200,000 EU trademark applications filed at the agency; DoorDash reported that it received a record number of consumer delivery orders during the fourth quarter (..)

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Is the PTAB Unconstitutionally Biased?

The IP Law Blog

2021), the Federal Circuit Court of Appeals addressed challenges to the constitutionality of the structure of the Patent and Trademark Office’s Patent Trial and Appeal Board. Mobility sued T-Mobile and Verizon Wireless for patent infringement in the Eastern District of Texas in 2017. Arthrex , 141 S. Arthrex , 141 S.

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Welcome to VW of Waco

Patently-O

Texas do not count as a “place of business” of the car distributors. In Fourco (1957), and again in TC Heartland (2017), the Supreme Court gave weight to the patent-focused statute. In 2020, StratosAudio sued VW Group of America (VW) for patent infringement in Judge Albright’s court located in Waco, Texas.

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What I’m reading from academic journals

Patently-O

Ana Santos Rutschman, From Myriad to Moderna: The Modern Pharmaceutical Company , Texas A&M University Journal of Property Law (2024) (forthcoming). ” The article leverages the Supreme Court’s decision in Alice Corp. 1277 (2024).

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Patent Law at the Supreme Court February 2022

Patently-O

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Still, there are a number of important patent cases pending before the court. Still, there are a number of important patent cases pending before the court. The court recently denied certiorari in Yu v. by Dennis Crouch.

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How does the USPTO Decide the Discretionary Aspect of Institution?

Patently-O

In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. Abuse of Discretion : Courts and administrators are often given discretionary authority to make decisions. by Dennis Crouch.

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TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

The court issues an injunction restricting Kiwi from scraping Southwest’s website. Southwest does not allow online travel agencies to sell Southwest flights without the approval of Southwest. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark.