Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more
1/12/2018
/ CAFC ,
Constitutional Challenges ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Lanham Act ,
Oil States Energy Services v Greene's Energy Group ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
USPTO
Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more
6/22/2017
/ Abuse of Discretion ,
America Invents Act ,
Attorney's Fees ,
Covered Business Method Patents ,
Disparagement ,
Estoppel ,
First Amendment ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
On-Sale Bar ,
Patent Expiration ,
Patent Litigation ,
Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods
Yesterday, the Supreme Court held in an 8–0 decision that the disparagement clause in the Trademark statute—which prohibits the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute”...more
6/21/2017
/ CAFC ,
Disparagement ,
Due Process ,
First Amendment ,
Free Speech ,
Matal v Tam ,
Redskins ,
SCOTUS ,
The Slants ,
Trademark Cancellation ,
Trademark Registration ,
USPTO
On March 22, 2017, the Supreme Court decided that federal copyright protection applies to cheerleading-apparel designs. The decision, which has far-reaching implications for the fashion and sports industries, sets a new and...more
3/27/2017
/ Cheerleaders ,
Copyright Infringement ,
Fashion Design ,
Fashion Industry ,
SCOTUS ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
Patent Venue at the Supreme Court -
If TC Heartland has its way, patent venue law is about to fundamentally change.
Factual Background -
Kraft sued TC Heartland, a limited liability company organized...more
On June 20, 2016, the U.S. Supreme Court released its much-anticipated decision in Cuozzo Speed Technologies, LLC v. Lee, the first Supreme Court case to pass upon the post-grant patent review procedures created by the...more
On June 13, 2016, the Supreme Court eliminated the rigid test for enhanced damages that the Federal Circuit had erected in In re Seagate Technology LLC. The Supreme Court held that, under 35 U.S.C. 284, district courts have...more
6/15/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Patent Infringement ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Stryker v Zimmer ,
Willful Infringement