SWIPLit

U.S. Supreme Court Grants Certiorari to Decide Damages Period Under Copyright Act

The U.S. Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the suit was filed. Musician Sherman Nealy and his company, Music Specialist Inc. (collectively, “Nealy”), sued Warner Chappell Music, Inc. (“Warner”), for copyright […]

| 3 min read | Tagged: , ,
EP

Federal Circuit Rejects Two-Tiered Royalty Patent Damages

By Daniel M. Staren and David G. Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages because of Caltech’s unsupported two-tiered reasonable royalty patent damages theory. Caltech sued Broadcom, Apple, and others in the […]

| 3 min read | Tagged: , , ,
DS
DB

Federal Circuit Erases Juno’s $1 Billion Judgment by Invalidating Patent for Inadequate Written Description

By Anne Bolamperti and David G. Barker The Federal Circuit invalidated Juno Therapeutics, Inc.’s T cell therapy patent for cancer treatment and erased a billion dollar judgment in Juno’s favor. The court held that the jury verdict regarding the patent’s written description under 35 U.S.C. § 112(a) was not supported by substantial evidence. Juno’s U.S. Patent No. […]

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

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
DB