Keval Amin
Subscribe to Keval Amin's PostsKeval Amin is a member of the Intellectual Property Practice Group, focusing on various litigation matters involving patents, trademarks, copyright and trade secrets. Read Keval Amin's full bio.
Digital Rights, Digital Wrongs: The DMCA Lives On
By Keval Amin on Aug 15, 2024
Posted In Copyrights
The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are not unconstitutionally broad. Matthew D. Green, et al. v. United States Department of Justice, et al., Case No. 23-5159 (D.C. Cir....
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Private Sale Means Public Fail
By Keval Amin on Aug 8, 2024
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision that a private sale of a product embodying the claimed invention did not qualify as a “public disclosure” under 35 U.S.C. § 102(b)(2)(B). Sanho Corp. v. Kaijet Technology Int’l Ltd, Inc., Case No. 23-1336 (Fed. Cir. July 31,...
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From Oops to Encore: The Board’s Premature Adverse Judgment
By Keval Amin on Jul 25, 2024
Posted In Patents
The Director of the US Patent & Trademark Office (PTO) overturned the Patent Trial & Appeal Board’s premature adverse judgment against a patent owner and remanded an inter partes review (IPR) proceeding based on the fact that the patent owner had initially instructed its counsel to cease work on the IPR while seeking new representation...
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The $X Factor: Demystifying Damages Calculations
By Keval Amin on Jun 13, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license agreements were economically comparable to a hypothetically negotiated agreement between the parties. EcoFactor, Inc. v. Google LLC, Case No....
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Standing Ovation…Denied!
By Keval Amin on May 9, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s decision in a patent dispute for a lack of subject matter jurisdiction because the plaintiff lacked constitutional and statutory standing. Intellectual Tech LLC v. Zebra Technologies Corporation, Case No. 22-2207 (Fed. Cir. May 1, 2024) (Prost, Taranto, Hughes, JJ.) In 2011, OnAsset...
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Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive
By Keval Amin on Apr 25, 2024
Posted In Trademarks
The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. TBL Licensing, LLC v. Katherine Vidal, Director of the United States Patent and...
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Faulty Jury Instruction Tampered With Tamper-Proof Trial
By Keval Amin on Apr 4, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court decision after concluding that a jury instruction on the objective indicia of nonobviousness that failed to specify all indicia on which evidence had been received constituted prejudicial legal error. Inline Plastics Corp. v. Lacerta Group,...
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Be Cool: Don’t Construe the Construction
By Keval Amin on Mar 21, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision after concluding that the patent owner’s proposed construction would require the parties to construe the construction. CoolIT Systems, Inc. v. Katherine Vidal, Director of the United States Patent & Trademark Office, Case No. 22-1221 (Fed. Cir....
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Copyrightability? Think Outside the Checkbox
By Keval Amin on Feb 22, 2024
Posted In Copyrights
The US Court of Appeals for the Eighth Circuit affirmed a district court’s judgment that a customer intake form was not copyrightable because it lacked requisite originality. Ronald Ragan, Jr. v. Berkshire Hathaway Automotive, Inc., Case No. 22-3355 (8th Cir. Feb. 2, 2024) (Grasz, Smith, Gruender, JJ.) Ronald Ragan claimed that he owned the Guest...
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Sliced and Diced: Operating Manuals Are Printed Publications
By Keval Amin on Feb 15, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s non-obviousness determination, finding that the Board erred in determining that an operating manual did not qualify as printed publication prior art. Weber, Inc. v. Provisur Technologies, Inc., Case Nos. 22-1751; -1813 (Fed. Cir. Feb. 8, 2024) (Reyna, Hughes, Stark,...
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