Costs Over Damages Doesn’t Equal Exceptional
What makes a case exceptional? In the matter of ATEN International Co., LTD. v. Uniclass Technology Co., LTD. before the US Court of Appeals for the Central District of California, it was a
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Case Law
Pardon the Interruptions
Knock, knock Who’s there? Interrupting cow Interrupting cow– Moo!! Anyone who has sat through any oral argument knows that interruptions can just be a part of the game, whether those interruptions are by
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Up in the Air: Who Really Owns Lunar Dust?
In a preemptive move, a woman who claims to own a vial of lunar dust is suing NASA in federal court to prevent them from seizing it. Ars Technica reports on this unusual
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Sticking Point: Inherent Teachings in Aveed® Case
Last month, the Federal Circuit affirmed the Delaware district court’s decision in Endo Pharms. Sols., Inc. v. Custopharm that patents for Aveed®, a testosterone replacement therapy, were not obvious and, therefore, inherent teachings
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Controversial Copyright Law in Europe Stalled for Now
Back in June, when a European Parliament’s Committee on Legal Affairs passed a controversial copyright law, sending it for a full-parliament vote in July, critics were sounding the alarm that it would drive
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Patent Applicants Not Required to Pay PTO Attorneys’ Fees
Late last week, the Federal Circuit affirmed, in an en banc opinion, a district court’s earlier ruling that a patent applicant does not have to reimburse the United States Patent and Trademark Office
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Certainty and Uncertainty after SCOTUS Overturns Quill
In June, the Supreme Court ruled in favor of the plaintiff in South Dakota v. Wayfair, clearly overturning the 1992 Quill v. North Dakota decision, and firmly eliminating the physical presence test for
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Swing and a Miss: SCOTUS Refuses Challenges to MLB’s Antitrust Exemption
The U.S. Supreme Court recently refused to hear two appeals to Major League Baseball’s antitrust exemption, which has been intact since the early 20th century. Why was it deemed exempt in the first
[Read More]Trademark Battle Bubbles up over “Zero”
Last month, Judge Kathleen O’Malley of the U.S. Court of Appeals for the Federal Circuit gave Coca-Cola rival Dr. Pepper Snapple Group Inc. renewed hope in the trademark fight over “Zero.” As reported
[Read More]Lawyers Charge Ahead with Electric Scooter Potential
As the number of shared electric scooters continues to multiply, at times precariously, along the streets and sidewalks of major cities, some personal injury lawyers see a potential new source for business. Bloomberg
[Read More]SCOTUS Ruling Increases IPRs in May 2018
In May, we posted about the Constitutionality of IPRs after the Supreme Court upheld the United States Patent and Trademark Office’s inter partes review process, ruling that it doesn’t violate Article III of
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