News & Analysis as of September 26, 2024

Lanham Act

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Pillsbury Winthrop Shaw Pittman LLP on 4/26/2024

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on 12/16/2022

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

IP Litigation Quarterly Update

Miller Canfield on 7/21/2020

In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of...more

Intellectual Property Bulletin - Spring 2020

Fenwick & West LLP on 4/26/2020

In This Issue - How COVID-19 is Changing IP Law – What You Need to Know The rapid spread of COVID-19 brought about massive global events that led to a dizzying array of changes—including in intellectual property law,...more

U.S. Supreme Court Obliterates Willfulness Precondition For Profits Award In Trademark Cases

Fox Rothschild LLP on 4/24/2020

In a big win for brand owners, the U.S. Supreme Court has ruled that the plaintiff in a trademark infringement claim is not required to prove willfulness when seeking an award of the defendant's profits under Section 1117(a)...more

Cert. Roundup

Akerman LLP - Marks, Works & Secrets on 12/5/2019

The American Bar Association (“ABA”) filed an amicus brief with the Supreme Court in support of the petitioner in Romag Fasteners, Inc. v. Fossil, Inc., No. 18-1233....more

Cert. Roundup: Romag’s Opening Brief: Imposing a Willfulness Requirement to Recapture Profits is Inconsistent with Statute,...

Akerman LLP - Marks, Works & Secrets on 11/22/2019

In June 2019, the United States Supreme Court granted certiorari in Romag Fasteners Inc. v. Fossil Inc., et al., No. 18-1233. As set forth in our previous blog post, Romag Fasteners Inc. (“Romag”) seeks to have the Court...more

Supreme Court Remains Focused on Intellectual Property, Adds Two Trademark Cases For Next Term

Miller Canfield on 7/3/2019

The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term. Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more

Attorneys May Be Expensive, But Are Their Fees “Expenses”?

Dorsey & Whitney LLP on 3/12/2019

On March 4, 2019, the Supreme Court agreed to hear Iancu v. NantKwest, Inc., which will determine whether unsuccessful applicants before the United States Patent and Trademark Office who elect to challenge adverse decisions...more

Intellectual Property Newsletter - January 2018

A&O Shearman on 1/12/2018

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

Key SCOTUS Decisions in Tech – First Half 2017

Fenwick & West LLP on 8/10/2017

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

Intellectual Property Law - July 2017

Manatt, Phelps & Phillips, LLP on 7/14/2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on 2/10/2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

This Year’s Top Ten IP Cases

Knobbe Martens on 1/20/2017

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Intellectual Property Bulletin - Summer 2016

Fenwick & West LLP on 8/19/2016

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Attorneys' Fees May be Easier to Obtain in Lanham Act Cases Post-Octane Fitness

Dentons on 8/19/2015

Intellectual property litigation is expensive for both the plaintiff and defendant. However, because defendants are required to defend themselves in a lawsuit—in comparison to a plaintiff who has the choice to file and...more

IP Newsletter - July 2015

Morrison & Foerster LLP on 7/8/2015

In This Issue: - En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6 - Supreme Court Rejects Belief of Invalidity Defense for Inducement in...more

Advertising Law - May 2015 #4

Manatt, Phelps & Phillips, LLP on 5/30/2015

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation - For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more

Supreme Court Told That TTAB Preclusion Raises Constitutional Concerns

Proskauer Rose LLP on 11/14/2014

As reported in our September 23 Client Alert, the Supreme Court is set to hear argument on December 2 on the issue of whether likelihood of confusion findings by the Trademark Trial and Appeal Board (TTAB) are entitled to...more

Irreparable Harm No Longer Presumed in the Third Circuit for Lanham Act Plaintiffs

Foley & Lardner LLP on 9/24/2014

In a recent decision, the Court of Appeals for the Third Circuit eliminated the presumption of irreparable harm for Lanham Act plaintiffs seeking preliminary injunctive relief. In Ferring Pharms., Inc. v. Watson Pharms.,...more

U.S. Supreme Court Will Decide Key IP Cases in 2014

Bond Schoeneck & King PLLC on 5/2/2014

IP continues to be a hot area of the law at the Supreme Court, with many IP cases recently argued or scheduled for argument in 2014. Below is a quick glimpse at several of these cases, including the potential impact of...more

The Supreme Court: Cases to Watch in the October 2013 Term

Foley & Lardner LLP on 10/10/2013

This week marks the first Monday in October, which for Supreme Court watchers is a holiday: the start of a new term. While not everyone gets that excited about the new term, there are several cases that the Court intends to...more

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on 6/27/2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

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