When the United States Supreme Court decided Apple v. Samsung on December 6, 2016, some criticized the Court as “bailing out” Samsung, a company that critics know for copycat antics and exploding phones. The decision marked the latest in a series of battles between the two smartphone magnates regarding Samsung’s infringement of several Apple design […]
Category: Supreme Court
Flummoxed By Fame – Well-Known Marks & Flanax
The “well-known marks” doctrine (also known as the “famous marks” doctrine), protects a trademark in a country where it has never been used, so long as the mark enjoys fame and renown sufficient to cross borders. We previously discussed the well-known marks principle and the fact that U.S. courts disagree about its application in the United States. Well, thanks […]
Will the Washington Redskins Trademark Dispute Join The Supremes Dance Party?
The trademark disparagement lawsuits continue. As some of our readers may already know, we’ve been tracking and writing about the Washington Redskins football team’s efforts to keep their federal trademark registrations for the REDSKINS name. We’ve also discussed and posted about the dance rock group called “The Slants” entering the fray at the U.S. Patent […]
U.S. Supreme Court Supports Punishing Patent Pirates with Enhanced Damages Awards
Much like Congress, legal pundits, and IP stakeholders, in the last few years, the U.S. Supreme Court has shown great interest in tinkering with the balance of power, litigation costs, and risks associated with the current intellectual property system in an effort to find ways to better support their underlying policies. This term, the Supreme […]
Are High Octane Legal Fees Bad for Business?
Using litigation to stifle competition is common. Can it also be exceptional? The Supreme Court will decide whether to weigh in on the standard for whether a case is “exceptional” to warrant attorneys fees when it considers the petition for writ of certiorari in Octane Fitness LLC v. Icon Health & Fitness, Inc., No. 12-1184 […]
Putting Up the Patent Wall: Supreme Court Declares Prometheus’ Diagnostic Methods “Laws of Nature” & Unpatentable
On Tuesday the Supreme Court issued an important decision in a patent case relating to the question of whether Prometheus’ diagnostic methods/processes, which 1) analyze the amount of a drug in a patient’s blood, and 2) relate that concentration to the likelihood that the drug will prove ineffective or cause harm to that patient, are […]