Christopher M. Bruno
Subscribe to Christopher M. Bruno's PostsChristopher M. Bruno focuses his practice on intellectual property litigation matters (i.e., patent, trade secrets, and related contract disputes) in the US Supreme Court, the US International Trade Commission, the US Court of Appeals for the Federal Circuit, as well as various district courts around the country. Read Christopher M. Bruno's full bio.
Defend Trade Secrets Act Supports Sealing Information on Appeal
By Christopher M. Bruno on Jan 7, 2021
Posted In Patents, Trade Secrets
Addressing whether purported trade secret information ought to remain under seal on appeal, the US Court of Appeals for the Sixth Circuit ruled in a one-judge order that the Defend Trade Secrets Act (DTSA) provided a statutory basis that overcame the presumption of public access. Magnesium Machine, LLC v. Terves, LLC, Case No. 20-3779 (6th...
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An Early Holiday Present for Generics? Legislation Requiring Greater Disclosure by Brands Passes the Senate
By Christopher M. Bruno on Dec 21, 2020
Posted In Patents
Earlier this month, two bills intended to promote generic competitiveness by presenting a clearer idea of the patent landscape covering reference products passed the full Senate, albeit with amendments. These laws, if enacted, will require brand pharmaceutical companies to submit more information about their innovator products. Potential Changes to Orange Book Listing Requirements for Non-Biologics...
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Wave Goodbye to Lost Arguments: Waiver Versus Forfeiture Law
By Christopher M. Bruno on Nov 24, 2020
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit concluded that a patent owner forfeited claim construction arguments on appeal by not presenting them first to the Patent Trial and Appeal Board for consideration. In re: Google Tech. Holdings LLC, Case No. 19-1828 (Fed. Cir. Nov. 13, 2020) (Chen, J.) Google submitted an application to...
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Not Your Grandfather’s Internet Royalties? DMCA Favorable Rates Might Apply to Internet Offerings
By Christopher M. Bruno on Sep 3, 2020
Posted In Copyrights
Reversing the Copyright Royalty Board’s determination that a favorable grandfathered royalty rate did not apply to internet streaming audio transmissions, the US Court of Appeals for the District of Columbia Circuit concluded that internet transmissions are not categorically excluded from the definition of “service” in the Digital Millennium Copyright Act of 1998 (DMCA). Music Choice...
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Copyright Board Ordered to Take a New Look at Streaming Services Rate Structure
By Christopher M. Bruno on Aug 26, 2020
Posted In Copyrights
Reversing the Copyright Royalty Board’s (Board) determination of a revised rate structure governing musical works, the US Court of Appeals for the District of Columbia Circuit concluded that the Board reached a final structure without providing adequate notice. George Johnson v. Copyright Royalty Bd., Case No. 2019-1028 (D.C. Cir. Aug. 7, 2020) (Millett, J.). Every...
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It’s Good to Be the Sovereign, Unless You Have an Exclusive Licensee
By Christopher M. Bruno on Aug 5, 2020
Posted In Patents
Addressing the interaction between state sovereign immunity under the 11th Amendment and joinder under the Federal Rules of Civil Procedure, a “fractured majority” of the US Court of Appeals for the Federal Circuit determined that an exclusive licensee could proceed with suit even though state sovereign immunity prohibited involuntary joinder of the patent owner. Gensetix,...
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The Naked Truth About Trademark Cancellation: Only Harm, No Proprietary Interest Required
By Christopher M. Bruno on Aug 5, 2020
Posted In Trademarks
The US Court of Appeals for the Federal Circuit determined that a contracting party that contractually abandoned any proprietary interest in a mark may still bring a cancellation action if it can “demonstrate a real interest in the proceeding and a reasonable belief of damage.” Australian Therapeutic Supplies Pty. Ltd. v. Naked TM, LLC, Case...
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Petitioner’s Reply Argument in IPR Is Not an Impermissible New Theory
By Christopher M. Bruno on Feb 27, 2020
Posted In America Invents Act, Patents
Addressing whether the Patent Trial and Appeal Board (PTAB or Board) too narrowly read its rules limiting reply briefs in an inter partes review (IPR) to preclude a petitioner’s argument as a “new theory of unpatentability,” the US Court of Appeals for the Federal Circuit concluded that the Board abused its discretion by not considering...
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PTAB Final Written Decisions Are, After Appeal, Actually Final
By Christopher M. Bruno on Jan 22, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court judgment that the owner of a patent with claims declared unpatentable by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) may not challenge ir collaterally attack the decision in district court. The Federal Circuit concluded that the...
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