Joshua Revilla
Subscribe to Joshua Revilla's PostsJoshua Revilla focuses his practice on intellectual property litigation matters. Read Joshua Revilla's full bio.
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...
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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....
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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...
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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...
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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....
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US Copyright Office Expands Rights to Repair Software-Enabled Devices
By Joshua Revilla 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 Joshua Revilla 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 Joshua Revilla 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 Joshua Revilla 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 Joshua Revilla 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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