Hannah Hurley
Subscribe to Hannah Hurley's PostsHannah Hurley focuses her practice on intellectual property litigation matters. Read Hannah Hurley's full bio.
Here’s an abstract idea: Patent eligibility depends on what is claimed, not unclaimed disclosure
By Hannah Hurley on Feb 19, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s rejection of Netflix’s 35 U.S.C. § 101 challenge, finding that claims directed to tailoring content specifications for wireless devices were patent ineligible. GoTV Streaming, LLC v. Netflix, Inc., Case Nos. 24-1669; -1744 (Fed. Cir. Feb. 9, 2026) (Prost, Clevenger, Taranto, JJ.) GoTV...
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DMCA safe harbor is deep: Plaintiffs need to get specific
By Hannah Hurley on Jan 29, 2026
Posted In Copyrights
The US Court of Appeals for the Eleventh Circuit affirmed summary judgment for YouTube, finding that the company was protected by Section 512(c) of the Digital Millennium Copyright Act (DMCA). In doing so, the Court joined the Second and Ninth Circuits in requiring knowledge of specific infringing material, not generalized awareness of infringement on a...
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No escape from fees and sanctions for reckless litigation conduct
By Hannah Hurley on Dec 4, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed attorneys’ fees awards against EscapeX IP, LLC, finding the case “exceptional” under 35 U.S.C. § 285, and upheld sanctions under 28 U.S.C. § 1927 based on counsel’s reckless litigation conduct. EscapeX IP, LLC v. Google LLC, Case No. 24-1201 (Fed. Cir. Nov. 25, 2025) (Taranto,...
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Precedential shift: USPTO clarifies patentability of AI training methods
By Hannah Hurley on Nov 20, 2025
Posted In Patents
On November 4, 2025, the Director of the United States Patent and Trademark Office (USPTO) designated as precedential an appeals review panel (ARP) decision vacating the Patent Trial & Appeal Board’s § 101 rejection of claims directed to training machine learning models. Ex parte Desjardins, Appeal No. 24-000567 (ARP Sept. 26, 2025) (precedential). The Board...
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No curtain call yet: Mixed verdict in patent, trademark, standing case
By Hannah Hurley on Oct 9, 2025
Posted In Patents, Trademarks
The US Court of Appeals for the Federal Circuit addressed a wide array of issues in a long-running dispute over shower curtain technology. The Court provided important guidance on patent claim scope using intrinsic evidence, trademark standing and ownership of the mark in issue, trade dress functionality under TrafFix, and the need for district courts...
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Striking a chord: Ninth Circuit revives copyright suit over liturgical music
By Hannah Hurley on Sep 11, 2025
Posted In Copyrights
In a copyright case involving liturgical music, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part, and remanded a district court summary judgment after finding triable issues of fact regarding access and similarity between two musical compositions. The Court upheld the exclusion of the plaintiff’s late-disclosed evidence on access....
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Clean bill of health: Only domestic activities count when analyzing likelihood of confusion
By Hannah Hurley on Jul 24, 2025
Posted In Trademarks
Affirming a summary judgment decision finding no trademark infringement under the Lanham Act, the US Court of Appeals for the Ninth Circuit determined that the district court properly focused on domestic activity with regard to the allegedly infringing trademark. Doctor’s Best, Inc. v. Nature’s Way Products, LLC, Case No. 24-2719 (9th Cir. July 15, 2025)...
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No Fair Use Defense Results in Default Judgment
By Hannah Hurley on Jun 5, 2025
Posted In Copyrights
The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of a copyright infringement claim alleging copying of a photograph, finding that the defendant’s use of the photograph did not constitute fair use and that the district court erred in its substantive fair use analysis. Jana Romanova v. Amilus Inc., Case...
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No Fairytale Ending for Consumer Opposition: RAPUNZEL Reinforces Lexmark Standing Limits
By Hannah Hurley on May 29, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of a trademark opposition brought by a consumer, holding that mere consumer interest is insufficient to establish standing under Section 13 of the Lanham Act (15 U.S.C. § 1063). The ruling reinforced the application of the Supreme Court’s...
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Paint It White: No Sovereign Immunity in Economic Espionage Case
By Hannah Hurley on May 8, 2025
Posted In Trade Secrets
The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of foreign sovereign immunity to a Chinese company accused of stealing trade secrets related to the production of proprietary metallurgy technology. United States v. Pangang Grp. Co., Ltd., Case No. 22-10058 (9th Cir. Apr. 29, 2025) (Wardlaw, Collins, Bress, JJ.) Pangang...
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