Hannah Hurley
Subscribe to Hannah Hurley's PostsHannah Hurley focuses her practice on intellectual property litigation matters. Read Hannah Hurley's full bio.
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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High Burden Dooms Intra-District Transfer Request
By Hannah Hurley on Apr 17, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit denied a mandamus petition requesting transfer from the Marshall division to the Sherman division within the US District Court for the Eastern District of Texas, finding that there was lack of clear error and no abuse of discretion in the district court’s decision to deny transfer....
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Prosecution Disclaimer Alive and Well, Especially in Closed Claim
By Hannah Hurley on Apr 17, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s noninfringement determination, finding that the presence of a disclaimed compound in the accused product precluded infringement. Azurity Pharm., Inc. v. Alkem Lab’ys Ltd., Case No. 23-1977 (Fed. Cir. Apr. 8, 2025) (Moore, Chen, Murphy, JJ.) Azurity owns a patent directed to a...
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Zone of Natural Expansion Is a Shield, Not a Sword
By Hannah Hurley on Mar 27, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit upheld a Trademark Trial & Appeal Board decision to partially cancel trademarks, ruling that an opposition challenger could not use the zone of natural expansion doctrine to claim priority because the doctrine is strictly defensive. Dollar Financial Group, Inc. v. Brittex Financial, Inc., Case No. 23-1375...
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Untwisting the Fixation Requirement: Flexible Rules on Moveable Sculptures
By Hannah Hurley on Jan 23, 2025
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a claim of copyright infringement for kinetic and manipulable sculptures, finding that movable structures were sufficiently “fixed” in a tangible medium for copyright purposes. Tangle, Inc. v. Aritzia, Inc., et al., Case No. 23-3707 (9th Cir. Jan. 14,...
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Pink Is Not the New Black: See Functionality Doctrine
By Hannah Hurley on Jan 16, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial & Appeal Board decision canceling trademarks for the color pink for ceramic hip components, stating that substantial evidence supported the Board’s findings that the color pink as used in the ceramic components was functional. CeramTec GmbH v. CoorsTek Bioceramics LLC, Case No....
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Chromatographic Clash: When Is a Lead Compound Analysis Even Necessary?
By Hannah Hurley on Dec 12, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s determination that 79 challenged composition claims across three related patents were unpatentable but reversed the Board’s determination that four challenged process claims were not unpatentable. Cytiva Bioprocess R&D v. JSR Corp., et al., Case Nos. 23-2074; -2075; -2191; -2192;...
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Case Closed: OpenAI Prevails on Secondary Meaning
By Hannah Hurley on Dec 5, 2024
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous based on its finding that the plaintiff had likely acquired secondary meaning in the mark. OpenAI, Inc. v....
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