Anisa Noorassa
Subscribe to Anisa Noorassa's PostsAnisa Noorassa focuses her practice on intellectual property litigation matters. Read Anisa Noorassa's full bio.
Transatlantic Terminology: Skilled Artisan Could Equate UK, US Word Meanings
By Anisa Noorassa on Apr 24, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board unpatentability determination, finding that a skilled artisan would have found the term “sterile” in a UK publication to mean the same as the term “sterilized” in the United States. Sage Products LLC v. Stewart, Case No. 23-1603 (Fed. Cir....
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Palette of Evidence: PTAB Must Consider Entire Record to Determine Prior Art Status
By Anisa Noorassa on Mar 20, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board patentability determination, finding that the Board failed to consider the entire record regarding the prior art status of a sample and did not explain why it did not do so. CQV Co., Ltd. v. Merck Patent GmbH.,...
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Assessing Inputs: Determining AI’s Role in US Intellectual Property Protections
By Anisa Noorassa on Feb 6, 2025
Posted In Copyrights
The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and Artificial Intelligence” report, addressing the copyrightability of AI- or partially AI-made works. Both agencies appear to be walking a fine...
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Bill Proposes to Shed Light on Third-Party Litigation Interests via Mandatory Disclosures
By Anisa Noorassa on Oct 31, 2024
Posted In Uncategorized
On October 4, 2024, US Representatives Darrell Issa (R-CA) and Scott Fitzgerald (R-WI) introduced HR 9922, the Litigation Transparency Act of 2024. If enacted, the act would require the disclosure of third parties receiving payment in civil lawsuits. The bill is intended to shed light on civil litigation funded by undisclosed third-party interests. In a press...
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Even Free Libraries Come With a Cost
By Anisa Noorassa on Sep 12, 2024
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the copyrighted books. Hachette Book Group Inc. v. Internet Archive, Case No. 23-1260 (2d Cir. Sept. 4, 2024) (Menashi, Robinson, Kahn, JJ.)...
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Missed Appropriation: Massive Trade Secret Verdict Vacated
By Anisa Noorassa on Aug 8, 2024
Posted In Trade Secrets
The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No. 1399-22-4 (Va. Ct. App. 2024) (Beales, Friedman, Callins, JJ.) Pegasystems and Appian are both companies in the business process management...
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Golden State of Mind: Anti-SLAPP Defense Versus Privacy Rights
By Anisa Noorassa on Jul 18, 2024
Posted In Uncategorized
The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion to strike a putative class action suit brought under Section 425.16 of California’s anti-SLAPP statute, finding that the case fell under an exemption because it sought to enforce an important right under California law. Odette R. Batis v....
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What Do You Meme? TFW Commercial Use Outweighs Fair Use
By Anisa Noorassa on Jun 20, 2024
Posted In Copyrights
The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in nature and therefore not fair use. Laney Griner v. King for Congress, Case No. 22-3623 (8th Cir. June 7, 2024) (Benton, Erickson,...
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No Home Away From Home: Federal Circuit Confirms PTO Domicile Requirements
By Anisa Noorassa on Feb 22, 2024
Posted In Trademarks
The US Court of Appeals for the Federal Circuit confirmed the US Patent & Trademark Office’s (PTO) refusal to register a trademark based on the applicant’s failure to comply with the domicile address requirement of 37 C.F.R. §§ 2.32(a)(2) and 2.189. In re Chestek PLLC, Case No. 22-1843 (Fed. Cir. Feb. 13. 2024) (Lourie, Chen,...
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First Amendment Bowled Over by Lanham Act – Again
By Anisa Noorassa on Jan 25, 2024
Posted In Trademarks
In response to the Supreme Court of the United States’ ruling in Jack Daniel’s, the US Court of Appeals for the Ninth Circuit reconsidered its 2022 decision in Punchbowl v. AJ Press and determined that Jack Daniel’s reset prior Ninth Circuit precedents regarding the interaction of First Amendment rights and the Lanham Act. The Ninth...
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