It isn’t every day that the literal landscape of patent litigation changes radically with the stroke of a pen. Monday, July 25, 2022 was such a day. That’s when Chief Judge Orlando H. Garcia of the U.S. District Court for the...more
In This Issue -
Transformative Fair Use: Does Andy Warhol Qualify?
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more
8/9/2022
/ Abandonment ,
Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
The Copyright Act ,
Trade Secrets ,
Trademark Expiration ,
Trademark Litigation ,
Trademarks ,
Transformative Use
Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more
4/27/2018
/ Administrative Proceedings ,
America Invents Act ,
Article III ,
Constitutional Challenges ,
Franchises ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patent Trolls ,
Patents ,
Post-Grant Review ,
Public Rights Doctrine ,
SCOTUS ,
Seventh Amendment ,
USPTO
For the past 27 years, plaintiffs have been able to bring patent-infringement suits against most corporations almost anywhere in the United States. So-called non-practicing entities, also known as patent “trolls,” have taken...more
5/24/2017
/ Food Manufacturers ,
Forum Shopping ,
Intellectual Property Protection ,
Multidistrict Litigation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
SCOTUS ,
State of Incorporation ,
TC Heartland LLC v Kraft Foods ,
Venue
Limelight Networks, Inc. v. Akamai Technologies, Inc., No. 12-786, Slip Op. (June 2, 2014) -
The United States Supreme Court has revived “divided infringement” as a defense to claims for inducement of patent...more