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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity to be...more
2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more
On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more
December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more
Two recent cases illustrate the potential benefits of protecting intellectual property rights with both design patents and copyrights, particularly for an article that has both utility and a design, including because a design...more
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more
In This Issue: - The Analysis for Design Patent Infringement Post-Egyptian Goddess - Supreme Court Issues Decision in Alice Corp. v. CLS Bank - Capitol Records, LLC v. Pandora Media, Inc.: Future of...more
*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more