SWIPLit

Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

By: Emily R. Parker and David G. Barker The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale of a single t-shirt, were insufficient to create personal jurisdiction in the state of Missouri.  BASIC is […]

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Federal Circuit Rejects “Unanswered Questions” Indefiniteness Standard

By Emily Parker and David Barker Last week, a split Federal Circuit panel reversed a decision invalidating certain computer-aided-design patent claims because the district court used an incorrect indefiniteness standard. Nature Simulation Systems (“NSS”) sued Autodesk, Inc. for infringing two patents directed to computerized methods for building three-dimensional objects. Autodesk argued that certain claims in […]

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Supreme Court Grants Certiorari to Resolve Long-Running Debate on Assignor Estoppel

By: David G. Barker and Emily R. Parker Last Friday, the U.S. Supreme Court granted certiorari in Minerva Surgical v. Hologic, thereby agreeing to resolve a long-running debate on patent law’s doctrine of assignor estoppel. Minerva Surgical has asked the Court to abolish the doctrine, which bars inventors who sell their patent rights from challenging […]

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SCOTUS Resolves Circuit Split: Trademark License Rejection in Bankruptcy Does Not Terminate Licensee’s Usage Rights

By Emily R. Parker* and David G. Barker The U.S. Supreme Court recently held in Mission Product Holdings v. Tempnology that a trademark licensor cannot revoke the right of a licensee to use a trademark by terminating a license agreement in bankruptcy. Mission licensed a trademark from Tempnology, which terminated the license after filing bankruptcy […]

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