SCOTUS

July 13, 2023
Glass of whiskey being poured over ice in a cocktail glass.

U.S. Supreme Court’s Ruff Take on a Trademark Parody

US Supreme Court, No. 22-148: Parodies are generally immune from trademark infringement, but how much can you spoof? Jack Daniels hounded a dog toy company for making a copycat toy.
June 1, 2023
Photo of a handshake over a desk

Preserving the Patent Bargain: U.S. Supreme Court Limits Amgen’s Monopoly

No. 21-757 (Supreme Court May 18, 2023) The Supreme Court of the United States applied bargain theory in its long-awaited decision regarding the enablement requirement of the Patent Act.
April 22, 2021
Image of the Android logo beside a smartphone against a black background.

US Supreme Court Sides With Google to End Oracle’s Monopoly Over Java

No. 18-956: In ruling that Google's copying of Java code amounted to fair use, the court adapted traditional copyright laws to software, which is primarily functional in nature.
January 2, 2020
A set of symbols or abuse on a cardboard plate in the hands of a young woman. Disagreement on the online forum or on the Internet.

How FUCT Overturned the US Ban on Immoral, Scandalous Trademarks

Nearly 30 years after founding the streetwear brand FUCT, Erik Brunetti finally convinced SCOTUS to end a ban on "immoral" or "scandalous" trademarks.
August 23, 2019
A busnisess's empty board room with desk chairs and a table.

What Can Businesses Expect From the US Patent Reforms?

A draft bill released May 22nd proposes significant reforms to section 101 of the US Patent Act. Businesses should be aware of the commercial impact.
August 16, 2019
A statue of Lady Justice.

US Supreme Court Lifts Ban on Profane Trademarks

SCOTUS, No. 18-302 (Iancu v Brunetti): In a recent decision, the US Supreme Court abolished the longstanding ban on registering vulgar and offensive words as trademarks.
July 18, 2019
Mail, Postal service

US Postal Service Prohibited from Challenging Mail Sorting Patent

SCOTUS blocked US Postal Service from using proceedings under the Leahy-Smith America Invents Act (“AIA”) to avoid litigation and invalidate a US Patent.
July 11, 2019
SCOTUS, the supreme court of the United States

US Supreme Court Asked to Resolve “Fundamental State of Disorder” in the Patent System

A cybersecurity start-up is asking the US Supreme Court to take a bold stance on the judicial treatment of patents and fix the US patent system.
April 3, 2019
Researcher holding a petri dish in gloved hands

Method of Medical Treatment Patents in Danger?

Hikma Pharmaceuticals v. Vanda Pharmaceuticals, SCOTUS Docket No. 18-817 - The beginning of the end for method of treatment patents?
May 23, 2017

SCOTUS Lands a Blow Against Patent Trolls by Limiting Patent Litigation Venues

581 U.S. ___ (2017) - SCOTUS reaffirmed one of its previous holdings to find that the proper venue for bringing a patent infringement suit against a domestic corporation is either where the defendant resides, or where the defendant has committed acts of infringement and has a regular place of business.
April 18, 2017

SCOTUS affirms that design features incorporated into clothing may be eligible for copyright protection

580 U. S. (2017) - SCOTUS affirmed a lower court's decision that designs in the cheerleading uniforms designed, made and sold by Varsity were copyrightable material under section 101 of the Copyright Act of 1976.
February 23, 2015

United States Supreme Court Clarifies that Claim Construction can Involve Subsidiary Factual Disputes that are Reviewed on a Clear Error Standard

Teva Pharmaceuticals USA, Inc, et al v Sandoz, Inc, et al, 574 US __ (2015) - United States Supreme Court clarified that claim construction can involve subsidiary factual disputes that are reviewed on a clear error standard, while the ultimate question of claim construction is reviewed de novo.
July 3, 2014

US Supreme Court Tightens the Standard for Definiteness of Patent Claims

Nautilus Inc v Biosig Instruments Inc, No 13-369, 572 US ____ (2014) - On the matter of interpreting the meaning of electrodes in a "spaced relationship with each other", the US Supreme Court held that a patent is invalid for indefiniteness if its claims, read in light of the specification and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention and remanded the case to the Federal Circuit.