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 …
By Steve Brachmann
11 months ago 1

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 …
By Steve Brachmann
12 months ago 1

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 …
By David Wanetick
1 year ago 25

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. …
By Steve Brachmann
1 year ago 2

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 …
By Steve Brachmann
1 year ago 1

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 …
By Brian Iverson
1 year ago 1

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 …

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 …
By Steve Brachmann
2 years ago 0

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 …
By Tamany Bentz & Taylor Sachs
3 years ago 0

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 …
By Steve Brachmann
3 years ago 6

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 …
By Michael I. Rothwell
3 years ago 3