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Intellectual Property

  • Oil States Energy Services v. Greene's Energy Group

    Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene's Energy Group and the U.S. Supreme Court answered in the affirmative.

    June 01, 2018Athul K. Acharya
  • Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims

    As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.

    June 01, 2018Aaron Cohn
  • Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out
    Federal Circuit Says Alice Not Intervening Change

    June 01, 2018Howard Shire and Adam B. Fischer
  • Brief Use of Graffiti Art in HBO's Vinyl Show Found De Minimis
    Chinese Film Company Subject to Personal Jurisdiction in Location Security Company's Colorado Lawsuit

    June 01, 2018Stan Soocher
  • Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest

    The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.

    May 01, 2018Scott Graham
  • A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications

    The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.

    May 01, 2018Shari Claire Lewis
  • Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
    Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation

    May 01, 2018Jeff Ginsberg and Dorothy LeRay