Amazon’s Private Patent Proceedings

One can find nearly anything for purchase online today—as online retailers continue to stretch the bounds of the online marketplace and supplant brick-and-mortar alternatives. At the forefront, Amazon has led the charge, stocking their online marketplace with everything from books and electronics to groceries and even health care services. It…

The New World of Damages

Background A judge recently expanded patent infringement damages to potentially cover the whole world. The federal circuit Judge’s interpretation of a Supreme Court case has dramatically expanded the potential penalty for patent infringement. Originally, the question of whether patent owners could sue to recover profits lost outside of the U.S.…

Supreme Court: Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC

The Supreme Court recently agreed to decide whether inter partes review, a post-issuance proceeding introduced by the America Invents Act ("AIA"), violated the Constitution. The constitutional challenge alleged that the inter partes review process ("IPR") violated the Constitution by extinguishing private property rights through a non-Article III federal court and…

Blurring Some Lines

The 9th Circuit upheld an appeal challenging a verdict against artists Pharrell Williams and Robin Thicke, authors of “Blurred Lines,” for infringement of the iconic Marvin Gaye song “Got To Give It Up.” The Circuit decision focused on the sound and style of the song in finding infringement, determining that…

SCOTUS SPOTLIGHT: In a Victory for the 1st Amendment, Supreme Court Rules Trademark Office Cannot Refuse to Register Offensive Marks

June 19, 2017. In Matal v. Tam, SCOTUS was asked to decide whether an Asian-American band name, “The Slants” was prohibited from attaining a federal trademark registration. The Lanham Act statute in question, 15 USC 1052(a), prohibits registration of trademarks which may be disparaging, bring contempt or disrepute to any…
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