May. 22, 2017

Supreme Court Hands Down Major Decision Limiting Venue In Patent Infringement Cases

The Supreme Court of the United States today handed down a potential landmark decision in TC Heartland v. Kraft, with major ramifications for the world of patent litigation.  In its unanimous decision, the court drastically reigned in the practice of “forum shopping” in patent cases, holding that the patent venue statute, 28 U. S. C. […]

Mar. 20, 2017

How Potential Justice Gorsuch Sees Patent Law

Judge Neil Gorsuch meets the U.S. Senate today in confirmation hearings for his nomination as the next Justice of the Supreme Court of the United States.  In considering a prospective – and likely – Justice Gorsuch, I am looking to his positions in relation to patent law, and how they may shape the Supreme Court’s […]

Jul. 22, 2016

Pokémon Go Lures and Incense Could Attract Trademark and Copyright Lawsuits

As a business owner, if you hope to attract Pokémon Go foot traffic, play within the rules of the game, through the game to avoid big legal headaches.

Mar. 11, 2016

Petition in TC Heartland Case Critical to Future of Patent Litigation

The Court of Appeals for the Federal Circuit, the court responsible for hearing all patent appeals from all 94 federal district courts heard oral arguments in Kraft v. TC Heartland, a patent suit between two operating companies, which could affect all future patent litigation.

Apr. 10, 2015

DietGoal Patent is Abstract Under Alice, Bravo!

THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (DYK, MAYER, and REYNA, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. That’s all she wrote.  Literally.  So read the entire order of The Court of Appeals for the Federal Circuit yesterday affirming the Southern District of New York’s summary judgment […]

Mar. 24, 2015

Breaking News: Supreme Court Says TTAB Finding of Confusion Can Bar Litigation of Same Question

The 18-year trademark dispute in B&B Hardware, Inc. v. Hargis Industries, Inc. has been decided by the Supreme Court in an opinion issued this morning (case 13-352).  The Court summarized the facts as follows: Respondent Hargis Industries, Inc. (Hargis), tried to register its trademark for SEALTITE with the United States Patent and Trademark Office pursuant […]

Feb. 21, 2015

Frozen Copyright Suit is a Bit of a Fixer-Upper

Actually, it’s beyond fixing. But let me back up. I frequently receive calls, questions or comments claiming that famous creative works infringe the copyright in a lesser known work. Whether it’s a Katy Perry song, a Stephen King book or a Disney movie, others frequently believe they are entitled to some credit (and compensation) for […]

Jan. 30, 2015

Business Flexibility in Trademark Licensing as Taught by Taylor Swift

Website Vox.com reported on January 28 (with a citation to Twitter user @imbeccable) that Taylor Swift has filed an application to register the trademark “This Sick Beat.” What most don’t know is this is just another step in Swift’s clearly well-advised operation of her growing business empire. Swift presently has 100 live trademark registrations or […]

Jan. 29, 2015

Trade Secrets: It’s All About the Bacon…’Bout the Bacon

The court set the stage on the technology: Unitherm developed what it called the “Unitherm Process” for preparing pre-cooked sliced bacon. This process involved the use of a spiral ovens [sic] and super-heated steam. According to Unitherm, before it developed this process, there was no acceptable process for pre-cooking sliced bacon because all attempts had […]

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