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Intellectual Property Protection › Amicus Briefs

Sunstein LLP

Wavy Baby Waves Goodbye to its Attempt at Humor

Sunstein LLP on

In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more

Womble Bond Dickinson

Industry Reactions to In re Cellect Decision

Womble Bond Dickinson on

An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story - Part II

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The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Not Backing Down Now – Multiple Amicus Curiae Briefs Filed for Amgen v. Sanofi

Rothwell, Figg, Ernst & Manbeck, P.C. on

At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail...more

Kramer Levin Naftalis & Frankel LLP

The Whole Enchilada: The Necessity of Looking at Claims as a Whole to Determine Patent Eligibility

Kramer Levin Naftalis & Frankel LLP on

On Jan. 10, the Supreme Court will decide whether it will review the Federal Circuit's decisions in the Athena v. Mayo, HP Inc. v. Berkheimer and Hikma v. Vanda cases. The Solicitor General, at the invitation of the Supreme...more

Akerman LLP - Marks, Works & Secrets

Cert. Roundup

Akerman LLP - Marks, Works & Secrets on

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Sullivan & Worcester

Supreme Court Watch: Mission Product v. Tempnology

Sullivan & Worcester on

On Friday, October 26, 2018, the U.S. Supreme Court granted certiorari in what could be a landmark decision concerning trademark issues in bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC, the Court will...more

Patterson Belknap Webb & Tyler LLP

Trademark Licenses . . . Again (Update No. 2)

Patterson Belknap Webb & Tyler LLP on

Our June 28 post discussed the petition for certiorari in the U.S. Supreme Court seeking review of the First Circuit’s January 12 decision in Mission Product Holdings, Inc. v. Tempnology, LLC. We noted that the respondent’s...more

Snell & Wilmer

The Supreme Court to Consider Patent Infringement Damages Accrued Abroad

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The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S....more

Polsinelli

Infringement Liability for US Products Sold Abroad: Could Supreme Court Reverse CAFC?

Polsinelli on

A case currently pending petition to the United States Supreme Court could further define the scope of potential patent infringement liability for U.S. based companies that sell products intended to be used abroad. If the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: JYANT Technologies, Inc.

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Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Novartis AG

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Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Bioindustry Association

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Professors Lefstin and Menell

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amici Support Sequenom's Petition for Rehearing En Banc

McDonnell Boehnen Hulbert & Berghoff LLP on

The Federal Circuit's Ariosa v. Sequenom decision handed down earlier this summer marked the apex (or nadir, according to your prejudices) of the current trend to limit the scope of patent eligible subject matter. On August...more

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