ARE Amazon Marketplace Alert: Texas Court Finds No Jurisdiction Based Only on Use of Amazon’s Fulfillment Services
The Eastern District of Texas recently dismissed two of Amster, Rothstein & Ebenstein’s clients on the ground of lack of personal jurisdiction, providing jurisdictional arguments for Amazon or other e-commerce sellers sued in a forum where the seller has no presence beyond an accessible e-commerce storefront. In Viahart, LLC v. Arkview LLC d/b/a Moo […]
ARE Copyright Alert: New Ruling: Copyright Liability Stems From Use of Embedded Links to Social Media Posts
In an alert published on April 16, 2020, we reported on a decision by Judge Kimba Woods of the Southern District of New York, which dismissed a copyright infringement case on a Motion to Dismiss, holding that when a copyright owner posts a photograph on Instagram under a “public” access profile, a third party who […]
ARE PTAB Alert: Two Recent Federal Circuit and PTAB Decisions Have Expanded the Role of the PTAB in Motions to Amend
On July 22, 2020, the U.S. Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board (PTAB) each issued decisions that define the role of the PTAB in examining proposed new claims in motion to amend practice in inter partes review and other post-issuance proceedings. In Uniloc 2017, LLC v. Hulu, […]
In the Press: Amster Rothstein & Ebenstein Named One of the 2020 Best Law Firms for Trademark Prosecution and Trademark Litigation
Amster Rothstein & Ebenstein is proud to be named one of the 2020 best law firms for trademark prosecution and trademark litigation by the Leaders League. The Leaders League delivers news, analysis and business insights through a range of formats, from Décideurs Magazine, market intelligence reports, top company rankings and directories. The Leaders League
Charles R. Macedo Authors Bloomberg Law Article on What Every Lawyer Should Know About Machine Learning Tech
In this Bloomberg Law article, “What Every Lawyer Should Know About Machine Learning Tech,” partner Charles Macedo discusses how machine learning can be a valuable tool for attorneys – if they know how to use it. He explores how lawyers can view the learning mechanisms, the inputs and outputs, and the legal relationships involved to […]
ARE Patent Law Alert: Precedential Panel of PTAB Holds that PTAB Can Raise New Ground of Unpatentability as Advocated by the Firm on Behalf of Amicus Askeladden LLC
On Monday, July 6, 2020, the Precedential Opinion Panel (Panel), which decides issues of exceptional importance to the Patent Trial and Appeal Board (Board), issued its decision in Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, IPR2018-00600, Paper 67 (July 6, 2020). The Panel held that while the Board has the ability to raise a […]
ARE Law to Provide Opening Remarks at the GIPA Georgia Intellectual Property Alliance 16th Annual IP Hot Topics Virtual Happy Hour
Amster Rothstein is pleased to sponsor the Learn more.
ARE Patent Law Alert: Federal Circuit Upholds Decision Blocking Claims Against Amazon’s Customers In A Follow On Lawsuit Based on Claim Preclusion and Kessler Doctrine
In a precedential decision on June 17, 2020, the U.S. Court of Appeals for the Federal Circuit held that software developer PersonalWeb could not assert patent infringement claims against Amazon customers that use the Amazon S3 cloud storage system after its similar infringement claims against Amazon were dismissed in a prior lawsuit. In re PersonalWeb […]
ARE Trademark Law Alert: In Booking.com, the Supreme Court Holds that a “Generic.com†Term can be Eligible for Federal Trademark Protection
On Tuesday, June 30, 2020, the Supreme Court held in an 8-1 decision that, “[a] term styled ‘generic.com‘ is a generic name for a class of goods or series only if the term has that meaning to consumers.” U.S. Patent and Trademark Office et al. v. Booking.com B.V., No. 19-46, Slip op. at 1 (U.S. […]
Charles R. Macedo Authors Article on Pivotal Arthrex Patent Decision for Bloomberg Law
In Arthrex Inc. v. Smith & Nephew Inc., Judge Kimberly A. Moore, writing for the Federal Circuit in 2019, made a broad pronouncement that administrative patent judges of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office were “principal officers” of the U.S. and must be nominated by the president […]