Joshua Revilla

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Joshua Revilla focuses his practice on intellectual property litigation matters. Read Joshua Revilla's full bio.

Novel Derivative Sovereign Immunity Defense Struck as Forfeited


By on Sep 8, 2022
Posted In Copyrights

The US Court of Appeals for the Sixth Circuit affirmed a district court decision implementing a preliminary injunction and striking a new defense first asserted in an amended complaint as untimely and frivolous. ACT, Inc. v. Worldwide Interactive Network, Inc., Case Nos. 21-5889; -5907; -6155 (6th Cir. Aug. 23, 2022) (White, Bush, Reader, JJ.) ACT...

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Tableware Designer Gets Heavenly Results on Its Pearly Plates


By on Jul 21, 2022
Posted In Copyrights, Trademarks

The US Court of Appeals for the Fifth Circuit reversed a district court decision, reversing the dismissal of a copyright claim based on lack of standing and finding ownership of the copyright in the claimant based on an assignment of that claim. The Fifth Circuit also found that the plaintiff had a protectible trade dress...

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Except Where Futile, Litigant Must Preserve Issue at Jury Instruction Phase to Preserve Claim Construction Dispute


By on Jun 2, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed the denial of a defendant’s post-judgment motion for a new trial based on a failure to preserve an O2 Micro challenge. The Court also reversed the denial of a prejudgment interest award to the plaintiff. Kaufman v. Microsoft, Case Nos. 21-1634; -1691 (Fed. Cir. May...

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Robotic Skepticism May Not Trump Motivation to Combine


By on May 12, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board (Board) decision finding the challenged claims patentable because the Board impermissibly rested its motivation-to-combine analysis on evidence of general skepticism in the field of invention. Auris Health, Inc. v. Intuitive Surgical Operations, Case No. 21-1732 (Fed. Cir....

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Multiple Purchasing Options Overpower Use of “Quotation” in Finding Offer for Sale


By on Feb 24, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment of no invalidity under the on-sale bar, finding that the completeness of relevant commercial sale terms, including multiple purchase options, was not an invitation to further negotiate but rather was multiple offers for sale. Junker v. Medical Components, Inc., Case...

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2022 IP Outlook Report: The Developments Shaping Trademark Law


By , and on Feb 15, 2022
Posted In Trademarks

Key Takeaways and Outlook for 2022 While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape...

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Rounding Error: Intrinsic Evidence Informs Plain and Ordinary Meaning


By on Dec 16, 2021
Posted In Patents

Vacating a stipulated infringement judgment based on an incorrect claim construction, the US Court of Appeals for the Federal Circuit explained that it is improper to isolate claim language from the intrinsic evidence when determining the plain and ordinary meaning of a disputed term. AstraZeneca AB v. Mylan Pharms. Inc., Case No. 21-1729 (Fed. Cir....

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US Copyright Office Expands Rights to Repair Software-Enabled Devices


By on Nov 11, 2021
Posted In Copyrights

The US Copyright Office issued new regulations expanding and strengthening consumers’ rights to repair software-enabled digital devices (such as video game consoles and medical devices) via exemptions to the Digital Millennium Copyright Act. Under 17 U.S.C. § 1201, it is generally unlawful to “circumvent a technological measure that effectively controls access to” copyrighted works. In...

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Oh the Horror: No Work for Hire in Friday the 13th Screenplay


By on Oct 14, 2021
Posted In Copyrights

The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and therefore entitled to exercise his copyright § 203 termination right. Horror Inc. v. Miller, Case No. 18-3123 (2d Cir....

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Not on My Watch: Disclosure of Restored Goods’ Source Obviates Consumer Confusion


By on Sep 23, 2021
Posted In Trademarks

The US Court of Appeals for the Second Circuit affirmed a ruling that a defendant’s use of a mark in connection with the sale of used goods did not create consumer confusion, finding that the district court adequately analyzed the relevant Polaroid factors and did not erroneously apply the 1947 Champion Spark Plug case. Hamilton...

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