Intellectual Property

The Second Circuit Court of Appeals rejected an Eleventh Circuit notion that architecture is made up of “compiled works” of copyrightable elements, saying that the combination of many uncopyrightable elements come together to form the work, like any other piece of art.

The Fifth Circuit Court of Appeals upheld a ruling that relied on a broader concept of “use” in trade secret misappropriation, with the jury finding that one company’s misconduct led to adverse inferences against trade secrets.

Under pressure from Congress and the hi-tech industry, President Obama has reportedly decided against nominating Johnson & Johnson executive Philip Johnson as director for the USPTO, leaving the office without leadership for 18 months and counting.

The Patent Trial and Appeal Board recently addressed confusion surrounding the propriety and timing of filing “supplemental evidence” in response to an evidentiary objection. The option is outlined in PTAB rules, but no guidance was available before as to how to file that information.

To maintain a trademark, the owner must complete and submit certain filings and fees with the United States Patent and Trademark Office (USPTO) at specified intervals. When and why to maintain, and methods for preventing cancellation or trademark poaching.

The USPTO has proposed a reduction in some of its fees for electronically filing trademark applications and renewing registrations, that may become effective January 2015.