Tag Archives: Supreme Court

It’s a historic week for trademarks!  On January 21, 2015, the U.S. Supreme Court issued a decision in the case of Hana Financial, Inc. v. Hana Bank, which marks the high court’s first substantive ruling on trademarks in more than … Continue reading

Posted in Trademark & Trade Dress | Tagged , , , , , , , , , , , , , | Comments Off on Who A-Tacks a Decision on Tacking? U.S. Supreme Court Rules That Tacking Trademarks to Gain Earlier First Use Is a Question Of Fact

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

Patents claiming inventions which must be used to comply with certain technical standards (for example, the Wi-Fi standard or standards for 3G) are referred to as standards-essential patents or “SEPs”. There has, historically, been little judicial guidance concerning damages in … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , , , , , , | Comments Off on Ericsson, Inc. v. D-Link Sys., Inc. Guidance on Determining Damages for Standard Essential Patents

It’s been nearly half a year since the Supreme Court, in Octane Fitness, ostensibly lowered the standard for finding a patent case to be exceptional for purposes of fee-shifting.  At the time, Octane generated much commentary and speculation, with some … Continue reading

Posted in Patent Litigation | Tagged , , , , , | Comments Off on Half a year since Octane

Since 2010, the Supreme Court has issued four decisions on patent-eligible subject matter under 35 U.S.C. § 101. In the most recent decision, Alice Corp. v. CLS Bank, the Court continued the restrictive approach set forth in its own precedents … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on A Sea Change after Alice: Recent Court Decisions Show Patents Are Vulnerable under Section 101 Attack

In its highly anticipated decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, the United States Supreme Court unanimously ruled that an abstract idea is not patentable simply because it is implemented on a computer. The case itself is … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , | Comments Off on High Court Says Computerized Abstract Ideas Not Patent Eligible

In a continuing a pattern that has seemingly developed over the past several years, the Supreme Court recently overturned two more Federal Circuit decisions relating to key aspects of patent law. In the first case, Nautilus Inc. v. Biosig Instruments, … Continue reading

Posted in Patent Litigation | Tagged , , , , , , | Comments Off on The Supreme Court Overturns Two More Federal Circuit Decisions

In two related decisions, the Supreme Court relaxed the standard to award attorney’s fees under Section 285 of the Patent Act (“§285”) and ruled that decisions on §285 are entitled to deference on appeal.  In the first case, the Court … Continue reading

Posted in Patent Litigation | Tagged , , , | Comments Off on The Supreme Court Gave District Courts more Power to Award Attorney’s Fees in Patent Litigation