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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.

Solicitor General Weighs in on Section 101, Prompts High Court to Grant Review in Athena Diagnostics v. Mayo Collaborative Services

By Andy Halaby At the Supreme Court’s request, the Solicitor General on Friday, December 6, weighed in on two pending cert petitions dealing with patent subject matter eligibility under 35 U.S.C. § 101.  Though the Solicitor General urged on behalf the United States that both those cert petitions be denied, he seized the opportunity, in […]

| 6 min read | Tagged: , ,
AH
Former Partner

Google v. Oracle Heads to the Supreme Court

By Andy Halaby The Supreme Court’s cert grant on the Federal Circuit’s most recent decision in the long-running and highly publicized battle between Oracle and Google appears to confront policy questions as much as legal ones — such as whether the nation’s economy would be better or worse off, and under what circumstances, allowing software […]

| 4 min read | Tagged: ,
AH
Former Partner

Is “Booking.com” Generic? We’ll Booking.See

By Andy Halaby The Supreme Court’s decision in United States Patent & Trademark Office v. Booking.com to take up whether booking.com is generic, and thus unprotectable as a trademark, is intriguing. The government maintains the term is generic.  It starts with the premise that the root term “booking” is generic.  As for “.com,” the government […]

| 4 min read | Tagged: ,
AH
Former Partner

House Approves Legislation to Create Copyright Small Claims Board

By Shalayne L. Pillar and David G. Barker On October 22, 2019, the U.S. House of Representatives voted 410-6 in favor of the Copyright Alternative in Small-Claims Enforcement Act of 2019, or CASE Act.  If passed into law, the CASE Act would create a voluntary small claims board within the U.S. Copyright Office, called the […]

| 2 min read | Tagged:
SP
Former Associate

The Truth Is in the Syrup: Bud Light Ordered to Remove ‘No Corn Syrup’ from Packaging in False Advertising Battle

By Shalayne Pillar and David G. Barker The U.S. District Court, District of Wisconsin, recently ordered Anheuser-Busch to stop using the label “No Corn Syrup” on its packaging, the latest ruling in a false advertising battle filed over Anheuser-Busch’s attack ads aimed at rival MillerCoors. The case involves Anheuser-Busch’s Bud Light ad campaign that highlighted […]

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

Republishing DNC’s Stolen Secrets Not Trade Secret Misappropriation

By David G. Barker On April 20, 2018, the Democratic National Committee (“DNC”) sued the Russian Federation, Donald J. Trump for President, Inc. (the “Campaign”), WikiLeaks, and other defendants relating to the Russian Federation’s theft of documents from the DNC during the 2016 presidential election. Last week, the United States District Court, Southern District of […]

| 3 min read | Tagged: ,

Supreme Court to Decide Two Trademark Cases

By Shalayne Pillar and David G. Barker The Supreme Court of the United States recently granted certiorari in two trademark cases.  In Romag Fasteners v. Fossil, the Court will consider whether courts can order trademark infringers to disgorge their profits without a finding of “willful” infringement. In Lucky Brand Dungarees v. Marcel Fashion Group, the […]

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

Supreme Court Holds Bar on Immoral or Scandalous Trademarks Unconstitutional

By: Anne M. Bolamperti and David G. Barker The Supreme Court held Monday that the Lanham Act’s bar on “immoral or scandalous” trademarks is unconstitutional under the First Amendment.  Delivering the 6-3 opinion of the Court, Justice Kagan relied on the Court’s previous decision in Matal v. Tam (discussed here), which held that the Lanham Act’s […]

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

Supreme Court: Federal Government Is Not Permitted to Challenge Patents Under the AIA

By C. Matthew Rozier In a recent 6-3 decision, the Supreme Court held that the U.S. Postal Service and other federal agencies are prohibited from challenging the validity of patents post-issuance under the proceedings created by the Leahy-Smith America Invents Act (“AIA”).  The Court’s decision in Return Mail Inc. v. U.S. Postal Service reversed a Federal […]

| 3 min read | Tagged: ,
CR
Former Counsel

Legislators Propose Patent Eligibility Overhaul

By Zachary G. Schroeder,* Jacob C. Jones, and David G. Barker In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the Section 101 landscape. That article highlighted the lack of certainty and predictability under existing […]

| 3 min read | Tagged: , ,