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
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 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
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
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