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Recent Posts
- Patent Pilot Program To Expire In July 2021
- Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case
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- Supreme Court Holds That Booking.Com May Be A Trademark
- Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)
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Category Archives: Developing Law
Impression Products v. Lexmark: Supreme Court (Again) Cuts Back Patent Rights
On May 30, 2017, the Supreme Court issued its decision in Impression Products v. Lexmark (available here). The Court decided two issues. First, if a patentee sells an item under an express restriction on the purchaser’s right to reuse or … Continue reading
Posted in Developing Law, U.S. Supreme Court
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Supreme Court Allows Trademark Registration Of “Derogatory” Terms
On June 19, 2017, the Supreme Court issued its decision in Matal v. Tam (available here). In Tam, a band applied for a federal trademark registration of the band’s name, “The Slants.” “Slants” is a derogatory term for persons of … Continue reading
Posted in Developing Law, U.S. Supreme Court
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Supreme Court’s Biosimilar Decision in Sandoz v. Amgen
On June 12, 2017, the Supreme Court issued its decision in Sandoz v. Amgen (available here). The Court interpreted 42 U. S. C. § 262(l), enacted as part of the Biologics Price Competition Act of 2009 (BPCIA). The BPCIA governs … Continue reading
Posted in Developing Law, U.S. Supreme Court
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Stuck in Dodge? Can You Challenge Venue In Patent Cases Under TC Heartland If You Previously Failed to Contest Venue?
As I previously noted, the Supreme Court’s recent TC Heartland decision dramatically curtailed where patent holders can sue defendants for infringement. Prior to TC Heartland, under the Federal Circuit’s decisions (dating back to 1990 in VE Holding), patent owners could … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Judge Lynn, U.S. Supreme Court
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The Party’s Over: The Death of Patent Cases In the Eastern District of Texas
Today, the Supreme Court released its much-anticipated decision in TC Heartland v. Kraft Foods (decision available here). The Supreme Court reversed decades of Federal Circuit case law that essentially allowed a patent-infringement defendant to be sued wherever it sold the … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Non-N.D. Tex. Notable Decisions, U.S. Supreme Court
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PWC’s 2017 Patent Litigation Study
PWC’s 2017 Patent Litigation Study is out (available here) and worth a read for those who litigate patent cases. Notable aspects of the study include that 2016 saw 9% fewer patent cases filed when compared to 2015, median time-to-trial is … Continue reading
Posted in Developing Law
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Supreme Court Rules That Designs On Surface Of Cheerleading Uniforms Are Copyright Eligible
On March 22, 2017, the Supreme Court issued its decision in Star Athletica v. Varsity Brands (decision available here). The Court held that the arrangement of “lines, chevrons, and colorful shapes appearing on the surface of [] cheerleading uniforms” are … Continue reading
Posted in Developing Law, U.S. Supreme Court
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Goodbye Laches Defense In Patent Cases
On March 21, 2017, the Supreme Court issued its decision in SCA Hygiene Products v. First Quality Baby Products (decision available here). In SCA, the patent owner accused the defendant of infringement in 2003. The defendant responded, claiming that the … Continue reading
Posted in Developing Law, U.S. Supreme Court
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Supreme Court’s Life Technologies v. Promega Decision
On February 22, 2017, the Supreme Court issued its Life Technologies v. Promega decision (available here). The Patent Act (Section 271(f)(1)) prohibits the supply from the United States of “all or a substantial portion” of the components of a patented … Continue reading
Posted in Developing Law, U.S. Supreme Court
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Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple
On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, U.S. Supreme Court
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