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. […]
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 […]
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.
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.
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 […]
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 […]
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 […]
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 […]
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 […]
Following an extensive discovery process and a multi-day arbitration hearing, Fitzpatrick Lentz & Bubba won dismissal of a wrongful and retaliatory discharge claim by the former controller of our client, a Pennsylvania-based startup company. The former employee claimed that the company fired her in retaliation for objecting to the company’s alleged fraudulent submissions to a […]
Business sales & acquisitions are trending significantly in today’s economy. From family business owners looking to retire and sell, to larger companies looking to make strategic acquisitions and investments, the last decade has seen a significant amount of M&A activity. To help you understand how to navigate a potential M&A deal, join FLB’s team of […]
In 2018, the United States Supreme Court issued a landmark decision in South Dakota v. Wayfair, Inc. (“Wayfair”). In Wayfair, the Court overturned decades of existing precedent by ruling that states could impose sales tax collection (and other requirements) on out-of-state retailers who only conducted online sales in states without maintaining a physical presence. The […]