Joshua Revilla

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

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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Texas Hammer Nails Trademark Infringement Appeal


By on Sep 2, 2021
Posted In Trademarks

The US Court of Appeals for the Fifth Circuit reversed a district court’s dismissal of an initial confusion trademark complaint, finding that the plaintiff alleged a plausible claim of trademark infringement under the Lanham Act. Adler v. McNeil Consultants, LLC, Case No. 20-10936 (6th Cir. Aug. 10, 2021) (Southwick, J.) Jim Adler is a personal...

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Reverse Confusion Suit Not Ironclad, but SmartSync Lives On


By on Apr 29, 2021
Posted In Trademarks

In a split decision, the US Court of Appeals for the Ninth Circuit vacated a district court’s summary judgment and remanded the case for trial in an action brought under the Lanham Act in order to resolve material issues of fact on likelihood of confusion/reverse confusion factors that remain in dispute. Ironhawk Technologies, Inc. v....

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Pardon My French: France Wins Trademark Dispute Using Sovereign Immunity


By on Apr 8, 2021
Posted In Trademarks

The US Court of Appeals for the Fourth Circuit reversed a district’s court denial of sovereign immunity under the Foreign Sovereign Immunity Act (FSIA) and remanded the case to be dismissed with prejudice, holding that France was immune from a trademark infringement claim in the United States brought by the former owner of the domain...

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