Hannah Hurley
Subscribe to Hannah Hurley's PostsSpeculative Injury from Rulemaking Petition Denial Doesn’t Confer Standing
By Cecilia Choy, PhD and Hannah Hurley on Jul 20, 2023
Posted In America Invents Act, Patents
The US District Court for the District of Columbia affirmed the dismissal of a case alleging that the US Patent & Trademark Office (PTO) violated the Administrative Procedure Act (APA) by denying the plaintiffs’ rulemaking petition. The district court found that the plaintiffs’ alleged injury was too speculative to confer Article III standing. US Inventor,...
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Personal Jurisdiction? Selling Products via Interactive Website Will Do It
By Cecilia Choy, PhD and Hannah Hurley on Jul 13, 2023
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum contacts” to support jurisdiction over a nonresident defendant in a state where the defendant causes the product to be delivered....
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‘Show Me The Money’ Isn’t Enough: Disproportionate $1.7M Attorneys’ Fees Rejected
By Rodney Swartz, PhD and Hannah Hurley on Jun 22, 2023
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit reversed and remanded a $1.7 million award of attorneys’ fees, finding the amount unreasonable compared to the benefit the plaintiffs received. Lowery v. Rhapsody International, Inc., Case No. 22-15162 (9th Cir. June 7, 2023) (Smith, Collins, Lee, JJ.) Streaming music providers such as Apple Music, Spotify...
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Neither Narrow Proposed Claim Construction nor Work Product Claim Justify Withholding Material Factual Information
By Cecilia Choy, PhD and Hannah Hurley on Jun 1, 2023
Posted In Patents
The Patent Trial & Appeal Board of the US Patent & Trademark Office (PTO) canceled all challenged claims across five patents because the patent owner failed to meet its duty of candor by selectively and improperly withholding material information that was inconsistent with its patentability arguments. Spectrum Solutions, LLC v. Longhorn Vaccines & Diagnostics, LLC,...
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