Sarah Bro

Sarah Bro

McDermott Will & Emery

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Supreme Court: TTAB Decisions May Have Preclusive Effect in Litigation

Issuing its second trademark decision in 2015, the Supreme Court of the United States in a 7–2 decision reversed the U.S. Court of Appeals for the Eighth Circuit, concluding that an administrative ruling by the U.S. Patent...more

3/31/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

2/27/2015 - Hana Bank Hana Financial Hana Financial v Hana Bank Infringement Intellectual Property Litigation Jury Questions Jury Trial SCOTUS Tacking Trademark Infringement Trademark Litigation Trademarks

Supreme Court Finds Trademark Tacking to Be a Jury Question

On January 21, 2015, the Supreme Court of the United States issued a unanimous decision in Hana Financial, Inc. vs. Hana Bank, et. al., pertaining to a substantive trademark matter, namely, whether a judge or jury should...more

1/27/2015 - Doctrine of Equivalents Genuine Issue of Material Fact Hana Bank Hana Financial Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademark Infringement Trademarks

Supreme Court Keeps Raging Bull Copyright Suit in the Ring

In a ruling that could potentially increase the number of copyright infringement actions, the Supreme Court of the United States has resolved a conflict among the circuits, holding that the equitable defense of laches cannot...more

5/21/2014 - Copyright Copyright Infringement Corporate Counsel MGM Petrella v. MGM SCOTUS Statute of Limitations The Copyright Act

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

6/27/2013 - Abuse of Discretion AMP v Myriad Burden of Proof Copyright Damages DNA False Advertising First Amendment Human Genes Infringement Lanham Act Myriad Oprah Winfrey Patent Terms Patent-Eligible Subject Matter Patents Permanent Injunctions SCOTUS Time Warner Trade Secrets Trademarks USPTO Willful Infringement

“First Sale” Doctrine Applies to Works Lawfully Made Abroad and Imported to the United States

In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more

3/21/2013 - Copyright Exports First Sale Doctrine Grey Market Imports Kirtsaeng v. John Wiley & Sons SCOTUS

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