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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.
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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June 6th, 2014
Supreme Court Chooses Middle Ground in Formulating A Standard for Patent Claim Definiteness
On June 2, 2014, the U.S. Supreme Court issued a unanimous opinion in Nautilus v. Biosig Instruments, Inc. At issue…
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May 20th, 2014
Supreme Court Limits Laches as a Defense in Copyright Infringement Suits
On May 19, 2014, the Supreme Court issued its decision in Petrella v. Metro-Goldwyn-Mayer, Inc., addressing the applicability of the…
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May 6th, 2014
U.S. Supreme Court Changes Standards for Attorney Fee Awards in Patent Cases
On April 29, 2014, the Supreme Court issued decisions in Octane Fitness, LLC v. Icon Health & Fitness, Inc. and…
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March 26th, 2014
Lexmark v. Static Control: Supreme Court Concludes That False Advertising Plaintiffs Need Not Be Direct Competitors
On March 25, 2014, the U.S. Supreme Court issued its decision in Lexmark Int’l, Inc. v. Static Control Components, Inc.,…
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February 25th, 2014
En Banc Federal Circuit Again Declines to Apply “Clearly Erroneous” Deference to Factual Findings in Patent Claim Construction Rulings
On February 21, 2014, the Federal Circuit issued its long-awaited decision in Lighting Ballast Control LLC v. Philips Electronics North…
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January 28th, 2014
Supreme Court Rules That Licensor Has Burden of Proving Infringement Even When Licensee Is The Plaintiff
On January 22, 2014, the Supreme Court issued its decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC. Medtronic has…
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January 17th, 2014
Federal Circuit Rules in the Exelixis / Novartis Cases that the USPTO Has Been Partially Miscalculating Patent Term Adjustment
In 1994, Congress changed the way that a patent’s term is calculated. At that time, the term of a patent…
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January 8th, 2014
Fractus v Samsung – The Plot Thickens
The twists and turns in the Fractus / Samsung wars recently took another interesting turn. As previously reported, in May…
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November 18th, 2013
A New Spin on Fresenius – Fractus Uses Stay of Inter Partes Reexamination to Move Ahead in Race to Federal Circuit
In a decision that has more twists and turns than the Keystone Cops, the PTAB has granted a patent owner…
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