Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

January 2018 Archives

Decisions in patent appeals often involve long winded explanations that delve deep into technical specifications, discuss the various merits of the competing interests, and provide detailed exposition of how the ultimate decision was reached. However, sometimes, on appeal, all the circuit court really needs to say is "no error, judgment affirmed."

In the most recent of Google's patent appeals on the Federal Circuit Court of Appeal's docket, the court rejected the search giant's contention that a patent held by Network-1 was actually unpatentable. Luckily for Google, the appellate court provided a little less than a page worth of explanation.

When it comes big beauty, there might not be any player bigger than L'Oreal. But after the recent Federal Circuit Court of Appeals decision against the goliath in favor of Olaplex, a new entrant into the hair product market, it could be poised to fell the giant (at least in the hair "bond-builders" market).

Olaplex created and patented a new product designed to enhance the hair coloring process. According to Olaplex, other manufacturers of hair products have tried to categorize their product as a "bond-builder," but as company founder and CEO Dean Christal claims, Olaplex is in a category all on its own and "could change the world by making women more confident with amazing damage free hair during and after chemical services."

In what is shaping up to be one of the most important software copyright cases of 2018, the Bikram Yoga case, decided by the Ninth Circuit in 2015, may prove to be pivotal in the battle between Cisco and Arista.

The fight between Cisco and Arista is over code that Cisco alleges to have created and thus believes deserves copyright protection. However, Arista and several amici contend that the sections of code Cisco seeks to protect are not creative or unique enough to merit copyright protection. A jury also ruled against Cisco on the same issue. Interestingly, how Bikram Yoga fits into this all is a little less curious than it all sounds.