Federal Circuit holds that Honeywell’s duplication of a previously-invented process does not qualify the company as “another inventor” under 35 U.S.C. § 102(g)(2) By Abby Lauer – Edited by Janet Freilich Solvay S.A. v. Honeywell Int’l, Inc., No. 2009-1161 (Fed. Cir. Oct. 13, 2010) Slip Opinion The Federal Circuit affirmed-in-part, reversed-in-part, and remanded the U.S. District Court for the District of Delaware, which had invalidated plaintiff Solvay’s patent on a process for making non-ozone-depleting refrigerant gas based on a finding ... Read More...

By Daniel Doktori Philadelphia School District Settles Laptop Spying Case The Philadelphia Inquirer reported on Tuesday that the Lower Merion school district has settled with two students whose school-issued laptops had webcams that were remotely activated by school officials. Plaintiff Blake Robbins’ parents initiated the suit in February after a school administrator confronted Robbins of wrongdoing using photo evidence of his home taken from the computer’s webcam. CNN reports that the school agreed to pay $175,000 to the family of ... Read More...

Chippendales’ “Professional and Classy Sexy Fun” Deemed Not Inherently Distinctive. By Phillip Hill – Edited by Ian C. Wildgoose Brown In re Chippendales USA, Inc., Serial No. 78/666,598 (Fed. Cir. Oct. 1, 2010) Opinion On October 1, the United States Court for the Federal Circuit affirmed the Trademark Trial and Appeal Board, which ruled that Chippendales USA, Inc. could not register its “abbreviated tuxedo” costume, the “Cuffs & Collar,” as an inherently distinctive mark. The Court held that even though live adult entertainment typically involves “revealing and provocative” ... Read More...

By Emily Hootkins New Law Improves Access to Technology for Disabled Bloomberg Businessweek and The Associated Press report that President Obama has signed into a law a bill requiring the telecommunications industry to enhance the accessibility of devices and programming for Americans with vision and hearing loss.  The bill could improve the quality of life for an estimated 61 million disabled people.  Among other requirements, the law sets new federal guidelines regarding accessible user interfaces on smart phones, telephone compatibility with hearing aids, ... Read More...

U.S. appeals court affirms district court decision that a download is not a performance under the Copyright Act By Greg Tang – Edited by Ian C. Wildgoose Brown United States v. Am. Soc’y of Composers, Authors & Publishers, No. 09-0539 (2d Cir. September 28, 2010) Opinion On September 28, the United States Court of Appeals for the Second Circuit affirmed the ruling of the Southern District of New York that a digital download of a song does not constitute a public performance under section 106(4) of ... Read More...