Taylor MacDonald
Subscribe to Taylor MacDonald's PostsTaylor MacDonald focuses her practice on intellectual property litigation matters.
It’s Obvious: Erroneous Claim Construction Can Be Harmless
By Taylor MacDonald on Feb 13, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness determination even though it found the Board had improperly construed a claim term, because the Court found the error harmless in the context of the prior art. HD Silicon Solutions LLC v. Microchip Technology Inc., Case No. 23-1397...
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Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections
By Taylor MacDonald on Jan 23, 2025
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo, Inc., Case Nos. 21-2949(L); -2974(Con) (2d Cir. Jan. 13, 2025) (Leval, Parker, Merriam, JJ.) This case addresses, for the second time, whether...
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PTO Proposes Additional Audits to Put “Specimen Farms” Out to Pasture
By Taylor MacDonald on Nov 14, 2024
Posted In Trademarks
In response to reports that some registrants use fraudulent specimens to prove continued use in commerce, the US Patent & Trademark Office (PTO) proposed an update to its post-registration audit process. Changes in Post-Registration Audit Selection for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases, 89 Fed. Reg. 85,435 (Oct....
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