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SCOTUS to Consider Copyright Registration Circuit Split

By Peter R. Montecuollo and David G. Barker The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright owners must wait to file infringement suits until the United States Copyright Office has registered […]

| 2 min read | Tagged: , , ,
PM
Former Associate

Supreme Court Opens the Door to Recovering Lost Foreign Profits in Patent Cases

By Peter R. Montecuollo and David G. Barker In a 7-2 decision, the Supreme Court of the United States has opened the door for patent owners to recover lost foreign profits under §§ 284 and 271(f)(2) of the Patent Act. Although the Court’s decision in WesternGeco LLC v. ION Geophysical Corp. represents a marked shift […]

| 3 min read | Tagged: , , ,
PM
Former Associate

Supreme Court Uproots Current PTAB Practice by Quashing Partial Decisions

By Trisha Farmer Lau and David G. Barker On April 24, 2018, in SAS Institute, Inc. v. Iancu, the Supreme Court held that the Patent Trial and Appeal Board (“PTAB”) must decide the validity of every patent claim challenged when it undertakes inter partes review under the America Invents Act (“AIA”).  In a 5-4 decision, […]

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TL
Former Associate

Supreme Court Confirms Inter Partes Review Is Constitutional

By Jacob C. Jones and David G. Barker In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et seq. (2011), does not violate Article III or […]

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Federal Circuit Clarifies Venue Waiver After TC Heartland

By Peter R. Montecuollo and David G. Barker The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC.  In In re Micron Technology, Inc., the Federal Circuit granted Micron Technology, Inc.’s petition for a writ of […]

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PM
Former Associate

Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

By Jacob C. Jones and David G. Barker In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service.  Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed the injunction, agreeing that Disney, Fox, and Warner were likely to prevail on their copyright infringement and technology […]

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A Good Day for Free Speech Advocates: Supreme Court Holds Unconstitutional Federal Trademark Law’s Anti-Disparagement Provision

By Andrew F. Halaby In Matal v. Tam, the United States Supreme Court held unconstitutional, under the First Amendment, the “disparagement clause” of 15 U.S.C. § 1052(a), which permits denial of a trademark registration application by the United States Patent and Trademark Office on the ground that it may “disparage . . . or bring […]

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AH
Former Partner

Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings

By Rachael Peters Pugel and Andrew F. Halaby The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act.  The Court’s ruling in this matter, especially if it holds inter partes reviews to be unconstitutional, […]

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AH
Former Partner

Supreme Court Permits Biosimilar Drugs to Be Marketed Sooner

By Jacob C. Jones and David G. Barker On June 12, 2017, in Sandoz Inc. v. Amgen Inc., the United States Supreme Court unanimously held that a drug manufacturer may give a required 180-day notice of its intent to market a biosimilar drug before receiving FDA approval. This means that, in some circumstances, manufacturers can […]

Supreme Court Decision Limits Post-Sale Restrictions by Patent Owners

The United States Supreme Court today held in Impression Products, Inc. v. Lexmark International, Inc. that the doctrine of patent exhaustion limits post-sale restrictions by patent owners and that patent rights are exhausted once a product is sold domestically or internationally. Partially continuing the recent theme of unanimous intellectual property decisions (see here and here), […]

| 3 min read | Tagged: , ,