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Welcome to our Sketchbook — where we develop ideas and weigh in on current IP issues.
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Recent Posts
March 28, 2024
Don’t Ask Your Lawyer for a “Standard Agreement”
March 26, 2024
Visual Signatures: Trade Dress Law for Brand Protection
March 20, 2024
USPTO Inventorship Guidelines for AI-Assisted Inventions
This is not legal advice, please see Disclaimer.
August 22nd, 2023
Potential Changes Coming to Design Patent Validity
The Federal Circuit recently granted en banc rehearing in the case of LKQ Corp. v. GM Global Technology Operations LLC.…
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May 13th, 2020
Georgia v. Public.Resource.Org, Inc.: Works Produced by Judges or Legislators in the Course of Their Official Duties Are Not Protected by Copyright, Including the Annotations in Georgia’s Official Code
On April 27, 2020, the U.S. Supreme Court issued its ruling in Georgia v. Public.Resource.Org, Inc. addressing whether the “government…
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May 6th, 2020
Romag Fasteners, Inc. v. Fossil Group, Inc.: Willfulness Is Not An “Inflexible Precondition” for an Award of Defendant’s Profits in Trademark Infringement Cases
On April 23, 2020, the U.S. Supreme Court issued its decision in Romag Fasteners, Inc. v. Fossil Group, Inc., addressing…
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June 11th, 2019
Return Mail, Inc. v. United States Postal Service: The Federal Government Cannot Use IPRs or Other AIA Post-Grant Reviews
On June 10, 2019, the U.S. Supreme Court issued its decision in Return Mail, Inc. v. United States Postal Service,…
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July 12th, 2017
Impression Products v. Lexmark: Supreme Court Strengthens Doctrine of Patent Exhaustion
On May 30, 2017, the U.S. Supreme Court issued its decision in Impression Products, Inc. v Lexmark Int’l, Inc., addressing…
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April 4th, 2016
Lexmark v. Impression Products: En Banc Federal Circuit Reconfirms Pro-Patentee Limitations on Doctrine of Patent Exhaustion
On February 12, 2016, the en banc Federal Circuit issued its decision in Lexmark Int’l, Inc. v. Impression Products, Inc.,…
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January 19th, 2016
In re Tam: Federal Circuit Rules That First Amendment Requires Federal Government To Allow Registration of Disparaging Trademarks
On December 22, 2015, the en banc Federal Circuit ruled 9-3 in In re Tam that the statute barring federal…
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September 28th, 2015
En Banc Federal Circuit Holds That Laches Will Still Limit Pre-Complaint Damages In Patent Cases And May Now Even Limit Permanent Injunctive Relief
On September 18, 2015, the Federal Circuit issued its en banc decision in SCA Hygiene Products Aktiebolag v. First Quality…
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August 28th, 2015
Federal Circuit Issues En Banc Decision Expanding Liability For Direct Infringement in “Divided Infringement” Cases
In the latest chapter in an ongoing saga, the Federal Circuit issued an en banc opinion on August 13, 2015…
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June 5th, 2015
Commil v. Cisco: Belief That A Patent Is Invalid Is Not A Defense To Inducement
On May 26, 2015, the Supreme Court issued its decision in Commil USA, LLC v. Cisco Systems, Inc. At issue…
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April 8th, 2015
Supreme Court Rules That Trademark Opposition Decisions by TTAB Can Provide Basis For Issue Preclusion in Federal Court
On March 24, 2015, the Supreme Court delivered its ruling in B & B Hardware, Inc. v. Hargis Industries, Inc. …
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January 29th, 2015
Hana Financial v. Hana Bank: Supreme Court Holds That Trademark “Tacking” Is A Question For Juries
On January 21, 2015, the Supreme Court issued its decision in Hana Financial, Inc. v. Hana Bank, in which the…
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January 28th, 2015
Teva v. Sandoz: Supreme Court Rules That, In Reviewing Patent Claim Constructions on Appeal, Factual Determinations Derived From Extrinsic Evidence Must Be Given “Clearly Erroneous” Deference
On January 20, 2015, the U.S. Supreme Court issued its long-awaited decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. …
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June 30th, 2014
Supreme Court Rules That Aereo’s Real-Time Streaming of Over-the-Air Television Constitutes a Public Performance of Copyrighted Works
On June 25, 2014, the U.S. Supreme Court issued its decision in American Broadcasting Companies v. Aereo, Inc. The Court…
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June 20th, 2014
Supreme Court Holds That Methods and Systems Providing “Generic Computer Implementation” of “Intermediated Settlement” Are Not Eligible For Patenting
On June 19, 2014, the Supreme Court issued its decision in Alice Corp. v. CLS Bank International. The case involved…
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