Christopher M. Bruno
Subscribe to Christopher M. Bruno's PostsChristopher M. Bruno focuses his practice on intellectual property litigation matters (i.e., patent, trade secrets, and related contract disputes) in the US Supreme Court, the US International Trade Commission, the US Court of Appeals for the Federal Circuit, as well as various district courts around the country. Read Christopher M. Bruno's full bio.
A Goldilocks Dilemma: What is the “Right Amount” When Pleading Patent Infringement Cases?
By Christopher M. Bruno on Jul 22, 2021
Posted In Patents
Addressing the issue of pleading requirements for patent infringement cases, the US Court of Appeals for the Federal Circuit clarified that patentees need not prove their case at the pleading stage on an element-by-element basis but can plead themselves out of court by presenting facts that are inconsistent with their infringement claims. Bot M8 LLC...
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Submarine Sunk: Patent Prosecution Laches Pops GATT Bubble
By Christopher M. Bruno on Jun 10, 2021
Posted In Patents
Addressing for the first time whether the US Patent & Trademark Office (PTO) can assert prosecution laches as a defense in a civil action brought under 35 U.S.C. §145, the US Court of Appeals for the Federal Circuit held that the PTO could assert prosecution laches as a defense against four patent applications in a...
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If You Can’t Build it, They Won’t Come: No Obviousness Based on Fanciful Engine Design
By Christopher M. Bruno on Apr 29, 2021
Posted In Patents
Reaffirming that a person of ordinary skill in the art must have been able to actually create a disclosure at the time of invention in order for it to serve as an obviousness reference, the US Court of Appeals for the Federal Circuit reversed a decision by the Patent Trial & Appeal Board (the Board)...
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Fairness Is the Limit for Asserting False Advertising Claims
By Christopher M. Bruno on Feb 11, 2021
Posted In Trademarks
Addressing whether Lanham Act claims for false advertising or false association under § 43(a) (15 USC § 1125(a)) are subject to a statute of limitations, the US Court of Appeals for the Fourth Circuit concluded that the sole time limit on bringing such claims is the equitable doctrine of laches. Belmora LLC v. Bayer Consumer...
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Revenge of the Grammar Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict
By Christopher M. Bruno on Jan 14, 2021
Posted In Patents
Addressing whether the phrase “a plurality of” should apply to each element in a series, the US Court of Appeals for the Federal Circuit entered judgment of non-infringement, finding that the district court’s claim construction that did not require a plurality of each recited component was at odds with the claim language based on the...
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Defend Trade Secrets Act Supports Sealing Information on Appeal
By Christopher M. Bruno on Jan 7, 2021
Posted In Patents, Trade Secrets
Addressing whether purported trade secret information ought to remain under seal on appeal, the US Court of Appeals for the Sixth Circuit ruled in a one-judge order that the Defend Trade Secrets Act (DTSA) provided a statutory basis that overcame the presumption of public access. Magnesium Machine, LLC v. Terves, LLC, Case No. 20-3779 (6th...
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An Early Holiday Present for Generics? Legislation Requiring Greater Disclosure by Brands Passes the Senate
By Christopher M. Bruno on Dec 21, 2020
Posted In Patents
Earlier this month, two bills intended to promote generic competitiveness by presenting a clearer idea of the patent landscape covering reference products passed the full Senate, albeit with amendments. These laws, if enacted, will require brand pharmaceutical companies to submit more information about their innovator products. Potential Changes to Orange Book Listing Requirements for Non-Biologics...
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Wave Goodbye to Lost Arguments: Waiver Versus Forfeiture Law
By Christopher M. Bruno on Nov 24, 2020
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit concluded that a patent owner forfeited claim construction arguments on appeal by not presenting them first to the Patent Trial and Appeal Board for consideration. In re: Google Tech. Holdings LLC, Case No. 19-1828 (Fed. Cir. Nov. 13, 2020) (Chen, J.) Google submitted an application to...
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Not Your Grandfather’s Internet Royalties? DMCA Favorable Rates Might Apply to Internet Offerings
By Christopher M. Bruno on Sep 3, 2020
Posted In Copyrights
Reversing the Copyright Royalty Board’s determination that a favorable grandfathered royalty rate did not apply to internet streaming audio transmissions, the US Court of Appeals for the District of Columbia Circuit concluded that internet transmissions are not categorically excluded from the definition of “service” in the Digital Millennium Copyright Act of 1998 (DMCA). Music Choice...
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Copyright Board Ordered to Take a New Look at Streaming Services Rate Structure
By Christopher M. Bruno on Aug 26, 2020
Posted In Copyrights
Reversing the Copyright Royalty Board’s (Board) determination of a revised rate structure governing musical works, the US Court of Appeals for the District of Columbia Circuit concluded that the Board reached a final structure without providing adequate notice. George Johnson v. Copyright Royalty Bd., Case No. 2019-1028 (D.C. Cir. Aug. 7, 2020) (Millett, J.). Every...
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