Taylor MacDonald
Subscribe to Taylor MacDonald's PostsTaylor MacDonald focuses her practice on intellectual property litigation matters. Read Taylor MacDonald's full bio.
Construing Unambiguous Claim Language and Qualifying Challenged Expert as POSITA
By Taylor MacDonald on Mar 20, 2025
Posted In Patents
Addressing the issues of claim construction and the requisite expert qualifications to testify on obviousness and anticipation, the US Court of Appeals for the Federal Circuit vacated a Patent Trial & Appeal Board decision invalidating half of the challenged patent’s claims and instructed the Board to clarify whether the patent owner’s expert was indeed qualified...
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Interesting Delay: Prejudgment Interest Accrues Despite Unreasonable Delay
By Taylor MacDonald on Mar 13, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit upheld a decision on enhanced damages and prejudgment interest, concluding that the district court correctly applied the appropriate standard for enhanced damages in accordance with established precedent. Halo Electronics, Inc. v. Pulse Electronics, Inc., Case Nos. 23-1772; -1966 (Fed. Cir. Feb. 28, 2025) (Prost, Bryson, Reyna,...
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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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