Joshua Revilla
Subscribe to Joshua Revilla's PostsJoshua Revilla focuses his practice on intellectual property litigation matters. Read Joshua Revilla's full bio.
2023 IP Outlook: What to Watch in Patent, Trademark and Copyright Law
By Sarah Bro, Douglas Carsten, Syed K. Fareed, Mandy H. Kim, Charles Larsen, Christina (Tina) L. Martini, Jennifer M. Mikulina, Amol Parikh, Eleanor B. Atkins, Cecilia Choy, Ph.D., Anisa Noorassa, Alexander Piala, PhD, Joshua Revilla, Christian Tatum and Diana Pisani on Feb 7, 2023
Posted In Copyrights, EU Update, Life Sciences, Patents, Technology, Trademarks
Coming out of 2022, developments around the globe are shaping the intellectual property (IP) landscape in the new year. We are seeing cases at the intersection of IP law and NFTs, the opening of the Unified Patent Court in Europe, and decisions from the Supreme Court of the United States and the Court of Appeals...
Continue Reading
Strings Attached: No Amendment for Trademark Application in Inter Partes Opposition Proceeding
By Joshua Revilla on Feb 2, 2023
Posted In Trademarks
The Trademark Trial & Appeal Board (Board) designated as precedential a decision denying a motion to amend and granting partial summary judgment based on a mistaken identification that did not match the goods sold using the trademark. Fender Musical Instruments Corporation v. Win-D-Fender, LLC, Opp. No. 91272326 (TTAB Sept. 22, 2022) (designated precedential Jan. 12,...
Continue Reading
That Stings: Consent to Jurisdiction Must Be Effective at Filing to Invoke Fed. R. Civ. P. 4(k)(2)
By Joshua Revilla on Jan 19, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit, on petition for writ of mandamus, vacated the district court’s transfer order and remanded the transfer to be considered under the clarified parameters of Fed. R. Civ. P. 4(k)(2) and 28 U.S.C. § 1404. In re: Stingray IP Solutions, LLC, Case No. 2023-102 (Fed. Cir. Jan....
Continue Reading
Novel Derivative Sovereign Immunity Defense Struck as Forfeited
By Joshua Revilla 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...
Continue Reading
Tableware Designer Gets Heavenly Results on Its Pearly Plates
By Joshua Revilla 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...
Continue Reading
Except Where Futile, Litigant Must Preserve Issue at Jury Instruction Phase to Preserve Claim Construction Dispute
By Joshua Revilla 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...
Continue Reading
Robotic Skepticism May Not Trump Motivation to Combine
By Joshua Revilla 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....
Continue Reading
Multiple Purchasing Options Overpower Use of “Quotation” in Finding Offer for Sale
By Joshua Revilla 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...
Continue Reading
2022 IP Outlook Report: The Developments Shaping Trademark Law
By Sarah Bro, Eleanor B. Atkins and Joshua Revilla 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...
Continue Reading
Rounding Error: Intrinsic Evidence Informs Plain and Ordinary Meaning
By Joshua Revilla 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....
Continue Reading
