Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the...more
For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more
5/22/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Art ,
Artists ,
Commercial Use ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Paintings Sculptures and Engravings ,
Photographs ,
SCOTUS ,
Transformative Use
The U.S. Supreme Court held in 2014 that the Lanham Act’s false advertising provision governs only commercial, not consumer, injuries. On April 4, 2023, while acknowledging that the distinction between commercial and consumer...more
A recent Supreme Court decision could add a new dimension to the patentability review process before the Patent Trial and Appeal Board.
On June 21, 2021, the U.S. Supreme Court decided United States v. Arthrex, Inc.,...more
7/1/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
In a relatively quiet third quarter of 2020, the Federal Circuit decided issues on joinder, estoppel, claim preclusion, and importantly, upheld the Patent Trial and Appeal Board process finding that cancellation of patent...more
12/7/2020
/ Claim Preclusion ,
Estoppel ,
Fifth Amendment ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Joinder ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents
In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of...more
7/21/2020
/ Attorney's Fees ,
Lanham Act ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Nike ,
Patent Trial and Appeal Board ,
Patents ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law.
In this first edition covering the first quarter of 2020, the...more
5/12/2020
/ Copyright ,
Corporate Counsel ,
Design Patent ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Prior Art ,
Settlement Agreements ,
Sovereign Immunity ,
Time-Barred Claims ,
Trademarks
'Tis the season of making resolutions for the new year, and there are undoubtedly many goals you’re considering to make 2020 a successful year. While you're making your list, and checking it twice, here are the top three...more
The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term.
Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more
7/3/2019
/ Certiorari ,
Defense Strategies ,
Inter Partes Review (IPR) Proceeding ,
Lanham Act ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Time-Barred Claims ,
Trademark Litigation ,
Trademarks ,
USPTO ,
Willful Infringement
The U.S. Supreme Court just shook up the patent world with its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. For nearly 30 years, companies accused of patent infringement could be sued in nearly any place they...more
5/24/2017
/ Domestic Corporations ,
Foreign Corporations ,
Forum Shopping ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Personal Jurisdiction ,
Principal Place of Business ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
Venue
It is now a lot easier to enforce commercial noncompete agreements in Michigan.
In its recent decision in Innovation Ventures v. Liquid Manufacturing, a unanimous Michigan Supreme Court holds that commercial noncompete...more
After years of legislative fits and starts, the U.S. House of Representatives on April 27, 2016, passed a bill federalizing trade-secret law. President Obama is expected to sign the bill in short order. Titled the “Defend...more
4/29/2016
/ America Invents Act ,
Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
Pending Legislation ,
Private Right of Action ,
Remedies ,
SCOTUS ,
State Law Claims ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Whistleblower Protection Policies