Posts Tagged: Writ of Certiorari
Supreme Court Asked to Decide Copyrightable Elements of Iconic Michael Jordan Photograph
Rentmeester is asking the nation’s highest court to answer the question of whether copyright protection for a photograph is limited solely to the photographer’s selection …
Supreme Court Denies TVEyes v. Fox News, Leaves Intact 2d Circuit Ruling on Market Harm of Transformative Uses
On December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in TVEyes, Inc. v. Fox News Network, LLC, declining the opportunity to …
The PTAB Promotes Petitioner Promiscuity
Why in the world would the federal government want to be an active participant in invalidating patents that the USPTO grants? Does the federal government believe that …
Supreme Court to Determine if Bankruptcy Code Allows Debtor to Terminate Trademark License Rights
The U.S. Supreme Court has agreed to hear Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. …
Supreme Court to Determine if Federal Government Is a ‘Person’ Eligible to Petition the PTAB
The case will ask the highest court in the nation to determine whether the federal government is a person who may petition the Patent Trial and Appeal …
Supreme Court Denies Cert in Two-Way Media v. Comcast, Refuses Another 101 Case
The U.S. Supreme Court denied a petition for writ of certiorari in Two-Way Media Ltd. v. Comcast Cable Communications, refusing to hear yet another appeal in …
Supreme Court Asked to Consider Immoral or Scandalous Trademarks
On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings
On Friday, July 20, 2018, the New York Intellectual Property Association (“NYIPLA”) filed an amicus brief arguing that the Petition for Writ of Certiorari should be granted in RPX …
By
Charles R. Macedo
& David Goldberg
& Chandler Sturm
& Peter Thurlow
& Frank DeLucia
& Robert J. Rando
& Robert Isackson
2 years ago 2
2 years ago 2
SCOTUS to decide if lost profits can be awarded for infringement committed on high seas
The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations …
The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products
The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
Supreme Court to Consider “Disparaging” Trademarks
The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …
SCOTUS takes case on disparaging trademark case involving Asian-American band The Slants
The USPTO, through its Trademark Trial and Appeal Board (TTAB), denied a standard character mark for “The Slants” to be used with live music performance entertainment on …
Jury’s Willfulness Determination Affirmed Under Modified In re Seagate Standard
Stryker Corporation was awarded $70 million in lost profits after a jury found that Stryker’s patents were valid and willfully infringed by Zimmer. The district court affirmed …
Negotiation to Sell Products Outside the US is not an Infringing Offer for Sale
The Federal Circuit again addressed whether Pulse’s domestic sales activities were either a sale or an offer for sale in the U.S. While the patent …
Cooper and MCM—Beyond the Constitutionality of Article I Final Adjudication, an Opportunity for the Court to Clarify Stern?
Cooper and MCM have submitted Petitions for Writ of Certiorari to the Supreme Court of the United States, asking it to consider the constitutionality of Article I …
