Category Archives: Intellectual Property

On March 21, 2017 the Supreme Court issued an opinion that abrogated the equitable defense of laches, for unreasonable and prejudicial delay in filing suit, in patent cases. SCA Hygiene Prod. Aktiebolag v. First Quality Baby Prod., LLC, No. 15-927, … Continue reading

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On October 20, 2016, we published an article discussing the Supreme Court’s decision to grant review of the Sixth Circuit’s August 2011 ruling in Varsity Brands, Inc. v. Star Athletica, LLC. The Supreme Court heard oral arguments on October 31, … Continue reading

Posted in Copyright & Idea Theft, Intellectual Property, Uncategorized | Tagged , , , | Comments Off on Supreme Court Cuts Through the Noise to Clarify Copyrightability of Designs in Useful Articles

On February 22, 2017, the Supreme Court in Life Technologies v. Promega ruled that “a single component does not constitute a substantial portion of the components that can give rise to liability under §271(f)(1).”[1]  This ruling limits the reach of … Continue reading

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On May 2, 2016, the U.S. Supreme Court granted review of the Sixth Circuit’s August 2015 ruling in Varsity Brands Inc. v. Star Athletica LLC[i] The Supreme Court will determine the proper test to assess whether Varsity’s two-dimensional cheerleading uniform … Continue reading

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As the Supreme Court kicked off October Term 2016, it continues to show a strong interest in patent law, granting three petitions so far with more petitions to be considered. Samsung v. Apple – Design Patents Damages The first is … Continue reading

Posted in Intellectual Property, Patent Litigation, Uncategorized | Tagged , , , , | Comments Off on Supreme Court October Term 2016 Preview – Patent Cases

On March 9, 2016, in Charge Injection Technologies, Inc. v. E.I. Dupont De Nemours & Company, C.A. No. 07C-12-134-JRL, the Superior Court of the State of Delaware issued a decision on a motion to dismiss for violating state champerty and … Continue reading

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Adrian Pruetz, Partner and Chair of Glaser Weil’s Intellectual Property Department, along with her daughter, Erica Van Loon, Partner and Head of the Trademark, Copyright and Media Practice at Glaser Weil spoke as the panelists for a special event for … Continue reading

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Section 505 of the Copyright Act provides for recovery of attorneys’ fees by prevailing litigants. It states that a court, “in its discretion may allow the recovery of full costs.” However, no guidance has been provided on this language in … Continue reading

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On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee.  One of the questions presented to the Court was the appropriate claim construction standard for inter partes review (IPR).  The fundamental dispute, as … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , , , , | Comments Off on The Cuozzo Conundrum: Prosecution History Estoppel Remains An Open Issue

Through its recent decision in Halo Elecs., Inc. v. Pulse Elecs., Inc.[1], the Supreme Court discarded the mechanical two-part test governing enhanced damages fashioned by the Federal Circuit in Seagate, and gave district courts broad discretion to decide when to … Continue reading

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