Supreme Court resolves conflicting decision by lower courts in copyright cases A plaintiff may not file a copyright litigation until the U.S. Copyright Office registers the copyright...
Under 35 U.S.C. § 102, a sale or offer for sale of an invention may bar patentability. Prior to enactment of the AIA in March 2013, § 102 barred patentability of an...
The USPTO published revised guidelines enumerating subject matter groupings of abstract ideas and clarifying that a claim reciting a judicial exception is patent eligible if the...
Under Section 337 of the Tariff Act, the International Trade Commission (ITC) “shall direct” that articles it determines violate Section 337 be excluded from entry into...
Damages adequate to compensate for infringement include lost foreign profits when the underlying infringement is for supplying components of a patented invention in or from the United...
The Federal Circuit held that the Biologics Price Competition and Invention Act of 2009 (BPCIA) provides the exclusive remedy for failure to comply with its disclosure requirements...
A new registration requirement places companies at risk of copyright suits over material hosted on their websites. The Digital Millennium Copyright Act (DMCA) "safe...
The Supreme Court’s decision in TC Heartland in May, 2017, granted defendants greater control over where patent infringement lawsuits can be filed against them. Left...
The requirements as to where a patent infringement case can be filed are different from and more restrictive than the venue requirements for a general case Unless the...
Free speech prevents the U.S. Patent and Trademark Office (USPTO) from denying registration of trademarks considered disparaging Today, in Lee v. Tam, the U.S. Supreme...
A corporation only “resides” in its state of incorporation for venue purposes in patent cases. Selling products in a venue is not enough to establish corporate...
Under the Defend Trade Secrets Act (DTSA) of 2016, federal trade secret protection is now available. The DTSA, and its notice requirement discussed below, are applicable to any...